Massachusetts graphic designer employment contract template

Massachusetts Graphic Designer Employment Contract

This Massachusetts Graphic Designer Employment Contract (the “Agreement”) is made and entered into as of [Date] by and between [Employer Name], with a 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: Core duties include creative concept development, digital and print design, production and layout for marketing materials, brand identity creation, web/digital asset design, adherence to branding guidelines, preparation of files for commercial printing, collaboration with marketing and product teams, participation in client or stakeholder meetings as required, use of design software (Adobe Creative Suite, Figma), management of creative assets and version control, compliance with accessibility requirements (WCAG), and responsibility for sourcing/securing image and font licenses.
• Option B: (Customize the above responsibilities based on the specific job requirements)

2. Reporting Structure and Performance Reviews:

• The Employee shall report to [Job Title of Supervisor].
• Option A: Performance reviews will be conducted [Frequency of Reviews, e.g., annually, semi-annually].
• Option B: Employee will be evaluated through regular feedback cycles on design revisions.

3. Employment Type and Work Hours:

• This is a full-time employment position.
• Standard weekly working hours are [Number] hours per week, typically from [Start Time] to [End Time], Monday through Friday.
• Option A: Workplace Location: On-site at [Employer Address].
• Option B: Workplace Location: Remote. Subject to the company's remote work policy, including use and security of company hardware/software.
• Option C: Bring-Your-Own-Device (BYOD) Policy: Employee [is/is not] permitted to use personal devices for work purposes, subject to the company's BYOD policy.
• Expectations for communication: Synchronous and asynchronous communication is expected via [Communication Platforms, e.g., Slack, email, phone].

4. Overtime:

• The Employee is considered a non-exempt employee under Massachusetts wage and hour laws.
• Overtime pay will be provided at a rate of one and one-half (1.5) times the Employee’s regular hourly rate for all hours worked in excess of forty (40) hours in a workweek, as required by Massachusetts law.
• Option A: All overtime work must be pre-approved by [Supervisor's Title].
• Option B: Meal and rest breaks will be provided in accordance with Massachusetts law.
• The Employee is responsible for accurately tracking and reporting all hours worked.

5. Compensation:

• The Employer shall pay the Employee an annual salary of [Dollar Amount] or an hourly wage of [Dollar Amount].
• Pay frequency: [Weekly/Bi-Weekly], paid via direct deposit.
• Option A: Annual compensation review will be conducted [Date/Frequency].
• Option B: The Employee is eligible for performance bonuses based on project delivery metrics.
• Option C: The Employee is eligible for commission based on client-driven projects, as detailed in Exhibit A.

6. Employee Benefits:

• The Employee is eligible for the following benefits, subject to the terms and conditions of the Employer’s benefit plans:
• Mandated health insurance (meeting Massachusetts minimum coverage standards).
• Dental and vision plans.
• Short- and long-term disability insurance.
• Paid sick leave (in compliance with the Massachusetts Earned Sick Time Law).
• PTO/vacation time: Accrual, carryover, and usage policies are detailed in the employee handbook.
• Massachusetts legal holidays and employer office closures.
• Maternity/paternity leave and family medical leave policies (aligned with Massachusetts PFMLA).
• Option A: Commuter or parking benefits.
• Option B: Continuing education or design conference budget: [Dollar Amount].
• Option C: Reimbursement for professional certification, association membership, or software subscriptions used in the course of design duties, subject to prior approval.

7. Intellectual Property and Copyright:

• All graphic works, source files, and related deliverables created by the Employee within the scope of employment are the sole and exclusive property of the Employer.
• The Employee hereby assigns to the Employer all rights, title, and interest in and to such intellectual property, to the fullest extent permitted under Massachusetts law.
• The Employee shall handle third-party assets in compliance with all applicable licenses and agreements.
• The Employee waives all moral rights to the fullest extent permitted by law.
• The Employee shall disclose and assign to the Employer any inventions or creative works relevant to the business.
• The Employee is prohibited from using prior employer/trademarked materials without permission.
• Requests for exceptions or portfolio usage rights after employment ends must be submitted in writing to [Designated Contact/Department].

8. Confidentiality:

• The Employee agrees to hold confidential all business strategies, client projects, unpublished creative assets, brand guidelines, marketing plans, and client/vendor information.
• The Employee shall not disclose any confidential information to any third party without the Employer’s prior written consent.
• The Employee is prohibited from sharing proprietary works on social media or including them in personal portfolios without prior written approval from [Designated Contact/Department].

9. Non-Compete and Non-Solicitation:

• This section applies only if the Employee's earnings exceed the statutory compensation threshold under the Massachusetts Noncompetition Agreement Act.
• Option A: Non-Compete: During the term of employment and for a period of [Number] months following termination of employment, the Employee shall not, within a radius of [Number] miles of [Employer Address], engage in any business that is directly competitive with the Employer’s business.
• Option B: (If a non-compete is included) The Employer agrees to provide “garden leave” compensation or other consideration as required for enforceability under Massachusetts law.
• Non-Solicitation: During the term of employment and for a period of [Number] months following termination of employment, the Employee shall not solicit any clients or employees of the Employer.

10. Employment At-Will:

• The Employer may terminate the Employee’s employment at any time, with or without cause, subject to the following provisions:
• Option A: The Employer will provide [Number] days' written notice of termination.
• Final wage payment will be made in accordance with Massachusetts law, including same-day payment upon involuntary discharge.
• The Employee shall return all company property, including design files, hardware, and access badges, upon termination of employment.
• The Employee shall cooperate in the transition of ongoing creative projects.
• Information on post-separation continuation of health coverage (COBRA or Massachusetts equivalent) will be provided.

11. Dispute Resolution:

• The parties agree to first attempt to resolve any disputes arising out of or relating to this Agreement through internal grievance procedures.
• If internal procedures fail, the parties agree to mediate the dispute in [City/County, MA].
• If mediation fails, the parties agree to binding arbitration in [City/County, MA] under Massachusetts law.

12. Workplace Safety and Ergonomics:

• The Employer shall provide a safe and ergonomic work environment for the Employee, including proper screen time management and repetitive strain prevention measures.
• The Employee is covered by Massachusetts workers’ compensation insurance for any design-related injury or illness sustained in the course of employment.

13. Anti-Discrimination and Equal Opportunity:

• The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religious creed, national origin, gender identity, sexual orientation, age, disability, genetic information, or any other protected characteristic under Massachusetts General Laws c. 151B.
• The Employer maintains a zero-tolerance policy for harassment of any kind.
• Reporting and investigation procedures for discriminatory or harassing conduct are outlined in the employee handbook.

14. Digital and Print Asset Management:

• The Employee shall manage client and company images/files securely and in compliance with Massachusetts data privacy laws.
• The Employee shall adhere to all license and copyright obligations.
• Protocols for safe disposal or archiving of digital media are outlined in the company's data retention policy.

15. Compliance with Laws:

• The Employee shall comply with all applicable federal, Massachusetts state, and local laws and regulations.

16. Freelancing and Side Projects:

• Option A: The Employee is permitted to engage in freelancing or side projects, provided that such activities do not conflict with the Employee’s duties to the Employer and do not violate the terms of this Agreement.
• Option B: The Employee is prohibited from engaging in any freelancing or side projects without the Employer’s prior written consent.

17. Miscellaneous:

• The Employee confirms that they are eligible to work in the U.S.
• The Employee acknowledges receipt of the employee handbook and agrees to be bound by its terms.
• The Employee agrees to adhere to the Employer’s policies on ethical design, conflicts of interest, and records retention.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

____________________________

[Employer Name]

By: ____________________________

[Employer Representative Name]

[Employer Representative Title]

____________________________

[Employee Name]

____________________________

Date