Massachusetts cleaner employment contract template
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How Massachusetts cleaner employment contract Differ from Other States
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Massachusetts mandates higher minimum wage standards, which may exceed federal or other state requirements for cleaners.
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Unique earned sick time laws in Massachusetts require employers to provide sick leave to qualifying cleaning staff.
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Massachusetts enforces strict anti-discrimination and CORI background check policies, influencing hiring and employment terms.
Frequently Asked Questions (FAQ)
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Q: Does the Massachusetts cleaner employment contract need to include sick leave provisions?
A: Yes, Massachusetts law requires sick leave for most employees, which should be clearly outlined in the contract.
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Q: Are cleaners classified as employees or independent contractors in Massachusetts?
A: Most cleaners are classified as employees unless they meet strict criteria for independent contractor status under state law.
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Q: Is overtime pay required in Massachusetts for cleaners?
A: Yes, employees must receive overtime pay at 1.5 times their regular rate for hours worked over 40 per week.
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Massachusetts Cleaner Employment Contract
This Massachusetts Cleaner Employment Contract (the “Agreement”) is made and effective as of this [Date] by and between [Employer Full Legal Name], located at [Employer Full Address] (the “Employer”), and [Employee Full Legal Name], residing at [Employee Full Address] (the “Employee”).
1. Employment
- The Employer hereby employs the Employee as a Cleaner.
- The Employee accepts such employment and agrees to perform the duties described herein.
2. Job Responsibilities
- The Employee shall perform the following duties:
- Option A: Sweeping, mopping, and vacuuming floors.
- Option B: Dusting furniture and surfaces.
- Option C: Sanitizing surfaces, including restrooms and kitchens.
- Option D: Trash removal and recycling.
- Option E: Using and maintaining cleaning equipment and chemicals safely.
- Option F: Following specified cleaning protocols (e.g., COVID-19 sanitization, green cleaning products).
- Option G: Reporting maintenance needs, lost property, or workplace incidents.
- Option H: Specialized Cleaning (if applicable): [Specify Specialized Cleaning Tasks] (e.g., floor waxing, window washing).
3. Work Location
- The Employee's primary work location is: [Primary Work Location Address].
- The Employee may be required to work at alternate work locations:
- Option A: [Alternate Work Location Address 1]
- Option B: [Alternate Work Location Address 2]
- Option C: Travel between multiple worksites is: [Required/Not Required]. If required, travel time and mileage will be compensated: [Specify Compensation Method] in accordance with Massachusetts law.
4. Employment Type and Work Schedule
- The Employee's employment is full-time.
- The Employee's standard weekly hours will be: [Number of Hours].
- The Employee's work schedule is:
- Option A: [Specify Regular Shift Schedule, e.g., 8:00 am - 4:00 pm]
- Option B: [Specify Rotating Shift Schedule]
- Overtime: The Employee is eligible for overtime pay in accordance with Massachusetts law (time and a half for hours worked over 40 in a workweek).
- Break Periods: The Employee is entitled to a 30-minute meal break after six (6) continuous hours of work, in accordance with Massachusetts law. Additional breaks will be: [Specify Additional Break Policy].
- Shift Swapping/Mandatory Attendance: [Specify Rules]
5. Compensation
- The Employee's hourly wage is: [Hourly Wage Amount] per hour, which is no less than the current Massachusetts minimum wage of $15.00 per hour (as of 2024).
- Option A: The Employee's weekly salary is: [Weekly Salary Amount].
- Pay Calculation Method: [Specify Pay Calculation Method].
- Pay Frequency:
- Option A: Weekly
- Option B: Bi-weekly
- Overtime Pay: Overtime will be paid at a rate of one and one-half (1.5) times the Employee's regular hourly rate for all hours worked over forty (40) in a workweek.
- On-Call/Emergency Pay (if applicable): [Specify On-Call/Emergency Pay Details].
- Bonuses (if applicable): [Specify Bonus Details, e.g., Attendance, Performance].
- Wage Notices: The Employee acknowledges receipt of the Massachusetts Wage Notice. Paycheck statements will be delivered: [Specify Delivery Method] as per Massachusetts law.
6. Payroll Deductions
- The following deductions will be made from the Employee's pay:
- Federal and Massachusetts State Taxes
- Social Security and Medicare
- Workers' Compensation Premiums (as required)
- Option A: Health Insurance Premiums
- Option B: Union Dues
- Option C: Other: [Specify Other Deductions]
- All deductions will comply with Massachusetts equal pay and fair employment stipulations.
7. Employee Benefits
- Health Insurance:
- Option A: The Employer will provide health insurance coverage. [Specify Details]
- Option B: The Employer will not provide health insurance coverage.
- Dental Insurance:
- Option A: The Employer will provide dental insurance coverage. [Specify Details]
- Option B: The Employer will not provide dental insurance coverage.
- Vision Insurance:
- Option A: The Employer will provide vision insurance coverage. [Specify Details]
- Option B: The Employer will not provide vision insurance coverage.
- Massachusetts Earned Sick Time: The Employee will accrue Earned Sick Time at a rate of at least 1 hour for every 30 hours worked, up to 40 hours per year, in accordance with Massachusetts law.
- Massachusetts Paid Family and Medical Leave (PFML): The Employee is eligible for PFML benefits as required by the Massachusetts PFML program.
- Paid Holidays:
- Option A: The Employee will receive paid holidays for the following holidays: [Specify Paid Holidays].
- Option B: The Employee will not receive paid holidays.
- Vacation Time: The Employee will accrue vacation time as follows: [Specify Vacation Accrual Policy].
- Short-Term Disability (if applicable): [Specify Short-Term Disability Details].
8. Uniforms, Equipment, and PPE
- The Employer will provide the Employee with:
- Option A: Uniforms
- Option B: Equipment necessary to perform the job duties.
- Option C: Personal Protective Equipment (PPE) as needed (e.g., masks, gloves, eye protection).
- Laundering of Uniforms: [Specify Laundering Policy, e.g., Employer-provided, Employee responsibility with reimbursement].
- Maintenance and Replacement: The Employer is responsible for the maintenance and replacement of uniforms, equipment, and PPE.
- Reimbursement/Free Supply: As per Massachusetts wage regulations, the employee will be: [Reimbursed/Supplied Free] for work-related supplies.
9. Workplace Health and Safety
- The Employee will participate in mandatory safety training for hazardous chemicals, in compliance with OSHA Hazard Communication Standard and Massachusetts chemical use laws.
- The Employee will adhere to ergonomic practices to prevent repetitive injuries.
- The Employee will follow procedures for reporting workplace injuries, with prompt access to workers' compensation as required in Massachusetts.
- If applicable, the Employee will follow protocols for bloodborne pathogens or hazardous waste in compliance with relevant regulations.
- Use, Handling, Labeling, and Storage of Cleaning Chemicals: The Employee will use, handle, label, and store cleaning chemicals and supplies in accordance with Safety Data Sheets (SDS) and all applicable state and municipal environmental rules. [Specify "Green Cleaning" policies, if applicable].
10. Reporting of Incidents and Hazards
- The Employee will immediately report workplace incidents, safety hazards, damage to property, theft, or any lost items found during cleaning.
11. Confidentiality
- The Employee agrees to maintain the confidentiality of all information to which they have access during their employment, including but not limited to private spaces, personal property, and building occupants' privacy.
- The Employee will immediately notify the Employer of any unusual or illicit findings.
12. Dress Code and Personal Hygiene
- The Employee will adhere to the following dress code: [Specify Dress Code].
- The Employee will maintain a high standard of personal hygiene.
- [Specify Policies on Jewelry, Cell Phone Usage, Tattoos, and Piercings as they pertain to cleaning safety and professionalism]
13. Reporting Structure and Communication
- The Employee will report to: [Supervisor or Site Manager Name].
- The Employee will adhere to the following communication protocols: [Specify Check-in Procedures, Emergency Contacts, Notification of Absences/Delays, including Massachusetts-compliant sick call-out rules].
14. Anti-Discrimination and Harassment
- The Employer is an equal opportunity employer and does not discriminate against any employee or applicant for employment based on race, color, national origin, sex, gender identity, sexual orientation, religion, age, disability, genetic information, military status, or any other characteristic protected by Massachusetts law.
- The Employer prohibits harassment of any kind.
- Any alleged violations should be reported to: [Specify Reporting Procedure].
- The Employee may also file a complaint with the Massachusetts Commission Against Discrimination (MCAD).
15. Background Checks and CORI Compliance
- The Employee understands that a background check may be conducted as a condition of employment.
- For positions in schools, hospitals, and government buildings, the Employee agrees to CORI (Criminal Offender Record Information) compliance.
- [Specify Disqualification Criteria and CORI Record Handling]
16. Training and Onboarding
- The Employee will participate in the following training programs:
- Initial Safety Orientation
- Site-Specific Protocols
- Continuous Education (e.g., OSHA 10-Hour, bloodborne pathogen training if applicable)
- [Specify Recertification Requirements]
17. Standards of Conduct and Performance
- The Employee will adhere to the following standards of conduct and performance:
- Punctuality
- Room-by-Room Cleaning Checklists
- Documentation of Completed Work
- Interaction with Building Occupants
- Proper Use of Keys/Master Access Cards
- No Unauthorized Guests During Shifts
- Immediately Reporting Client Complaints
18. Drug and Alcohol Policy
- The Employee is prohibited from using or being under the influence of drugs or alcohol while on duty.
- The Employer reserves the right to require drug or alcohol testing after a workplace accident, if appropriate and in compliance with Massachusetts privacy laws.
19. Property and Equipment Return
- Upon separation from employment, the Employee will return all Employer property, including keys, uniforms, and devices.
- Final paycheck timing and contents will comply with Massachusetts law (issuance on last day of work for involuntary termination, or next scheduled pay for resignation).
20. Employment At-Will
- 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.
- [Specify Notice Period, if any]
- Disciplinary Action: [Specify Disciplinary Steps, e.g., Warnings, Suspensions, Termination]
21. Employer Obligations
- The Employer will maintain workers' compensation coverage and unemployment insurance for the Employee.
- The Employer will advise the Employee of their rights under Massachusetts Department of Labor posting notices for minimum wage, earned sick time, and workplace safety.
22. Dispute Resolution
- The parties will attempt to resolve any disputes arising out of this Agreement through good faith negotiation.
- If negotiation is unsuccessful, the parties may pursue mediation or MCAD involvement for statutory violations.
- Any legal action arising out of this Agreement shall be brought in a Massachusetts state court.
- This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.
23. Non-Solicitation
- [Specify Non-Solicitation Clause, if applicable. Keep in mind that broad non-compete agreements are generally unenforceable in Massachusetts, especially for low-wage earners.]
24. Union Membership (if applicable)
- [Specify Union Membership Details, including Dues, Shop Steward Contact, and Union Rights under Massachusetts law]
25. Travel Compensation
- If travel between multiple worksites is required, compensation for travel time and expenses will be provided in accordance with Massachusetts law defining compensable work time.
26. 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.
27. Governing Law
- This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, including but not limited to Mass. Gen. Laws ch. 149 (Labor and Industries), ch. 151B (anti-discrimination), ch. 151 (wages), and the Earned Sick Time Law (ch. 149, §148C).
28. Acknowledgement
- The Employee acknowledges that they have received and understood the Massachusetts Wage Notice and other required documents.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Full Legal Name]
By: ____________________________
[Employer Printed Name]
Title: ____________________________
[Employer Title]
____________________________
[Employee Full Legal Name]
Date: ____________________________
[Date]