Massachusetts HR assistant employment contract template
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How Massachusetts HR assistant employment contract Differ from Other States
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Massachusetts requires adherence to strict anti-discrimination laws, including protections beyond federal requirements, such as for gender identity.
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Wage and hour rules in Massachusetts mandate specific minimum wages, earned sick time, and break periods distinct from some other states.
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Non-compete agreements in Massachusetts must meet unique statutory requirements, including mandatory garden leave or other mutually-agreed consideration.
Frequently Asked Questions (FAQ)
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Q: Does this contract template comply with Massachusetts employment laws?
A: Yes, the template is designed to address Massachusetts-specific laws, including wage rules, sick leave, and anti-discrimination provisions.
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Q: Are non-compete clauses enforceable in Massachusetts HR assistant contracts?
A: Non-compete clauses are enforceable only if they meet state requirements, including providing fair consideration like paid garden leave.
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Q: What are the minimum wage and sick time policies in Massachusetts?
A: Massachusetts sets its own minimum wage and requires employers to provide earned sick time to eligible employees, often beyond federal law requirements.
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Massachusetts HR Assistant Employment Contract
This Employment Contract (the "Agreement") is made and entered into as of [Date], by and between [Employer Full Legal Name], a [State] [Business Entity Type] with its principal place of business at [Employer Address] ("Employer"), and [Employee Full Legal Name], residing at [Employee Address] ("Employee").
Employer's Phone: [Employer Phone]
Employer's Email: [Employer Email]
Employee's Phone: [Employee Phone]
Employee's Email: [Employee Email]
1. Position
The Employer hereby employs the Employee as a full-time HR Assistant.
Option A: The Employee's responsibilities include, but are not limited to:
- Assisting with recruitment and onboarding processes.
- Maintaining personnel files in compliance with M.G.L. c. 149, Section 52C.
- Tracking time and attendance.
- Preparing reports for the Massachusetts Department of Unemployment Assistance.
- Processing payroll-related data, complying with Massachusetts wage deduction and classification rules.
- Ensuring compliance with M.G.L. c. 151 (minimum wage and overtime).
- Scheduling I-9 and CORI background checks.
- Supporting EEO-1 and Massachusetts anti-discrimination data reporting.
- Assisting in the administration of health insurance and paid leave benefits in accordance with Massachusetts Paid Family and Medical Leave (PFML).
- Responding to employee inquiries regarding state leave entitlements (PFML, sick leave under M.G.L. c. 149, Section 148C).
- Tracking and supporting compliance with the Massachusetts Earned Sick Time Law, BRAVE Act, and domestic violence leave.
- Coordinating new hire documentation.
- Maintaining confidentiality standards for sensitive employee data.
Option B: [Alternative list of responsibilities].
2. Reporting & Supervision
The Employee will report directly to the [Job Title of Supervisor, e.g., HR Manager] and will work collaboratively with the HR team.
Option A: The Employee will participate in daily team meetings.
Option B: [Alternative supervision and reporting structure].
3. Work Location
The primary work location is [Employer Address].
Option A: This position is primarily in-office.
Option B: This position is hybrid/remote. The Employee is responsible for maintaining a secure home office environment that complies with Employer's cybersecurity and data privacy policies under Massachusetts data protection rules (201 CMR 17.00). Employer may provide a stipend of [Dollar Amount] per month for internet/phone expenses.
Option C: [Alternative work location arrangements].
4. Employment Status and Work Hours
This is a full-time employment position. The standard workweek is [Number] hours per week.
Option A: The standard work hours are [Start Time] to [End Time], Monday through Friday, with meal and rest breaks in compliance with M.G.L. c. 149, §100. Overtime will be paid at time-and-a-half for all hours worked over 40 in a workweek, as required by Massachusetts overtime pay regulations.
Option B: [Alternative work hours and overtime arrangements].
5. Compensation
The Employer shall pay the Employee a [Salary/Hourly Wage] of [Dollar Amount] [per year/per hour], payable [Frequency, e.g., bi-weekly] via direct deposit. Payment will comply with the Massachusetts Wage Act, including timely payment, final pay procedures, and required wage statements.
Option A: The Employee is eligible for a performance-based bonus, the terms of which are described in the company's bonus plan.
Option B: The Employee is not eligible for a bonus.
Option C: [Alternative compensation arrangements].
6. Benefits
The Employee is eligible for the following benefits, subject to the terms and conditions of the applicable benefit plans:
- Health, vision, and dental insurance.
- Employer contributions to a retirement plan compliant with Massachusetts law.
- Paid vacation and statutory holidays (including Patriots' Day, Juneteenth, and other recognized Massachusetts state holidays).
- Sick leave, accruing and used per Massachusetts Earned Sick Time Law.
- Massachusetts PFML (procedures for requesting, documentation, and payroll deductions).
- Bereavement leave.
- Jury duty leave.
- Parental leave per M.G.L. c. 149, §105D.
- Option A: Tuition reimbursement for HR-related courses up to [Dollar Amount] per year.
- Option B: [Alternative or additional benefits].
7. Intellectual Property
All protocols, training materials, process guides, onboarding documentation, and other work product created by the Employee during their employment shall be the sole property of the Employer.
8. Confidentiality
The Employee acknowledges that they will have access to confidential information, including employee files, disciplinary matters, salary data, and other sensitive records. The Employee agrees to maintain the confidentiality of this information during and after employment, in compliance with Massachusetts Personnel Record Law, HIPAA (if applicable), and 201 CMR 17.00.
Option A: The Employee is prohibited from engaging in external HR consulting or "moonlighting" without prior written approval from the Employer.
Option B: [Alternative or additional confidentiality provisions].
9. Compliance and Training
The Employee shall participate in mandatory training on Massachusetts anti-harassment, sexual harassment (referencing M.G.L. c. 151B), and workplace discrimination policies. The Employee will comply with the Massachusetts Equal Pay Act (MEPA), report wage discrepancies, and support equal employment opportunity and affirmative action programs. Employee must adhere to company IT and data security policies regarding HRIS systems and employee data, including password protocols, encryption, and reporting security incidents.
10. At-Will Employment
The employment relationship is at-will, meaning that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause or notice. While not required, the Employer requests two weeks' notice prior to resignation.
Option A: Upon termination, the Employee shall return all company property and receive their final pay within six days, according to the Massachusetts Wage Act.
Option B: [Alternative termination provisions].
11. Termination
This Agreement and Employee’s employment hereunder may be terminated by either party at any time, for any reason not prohibited by law (including but not limited to resignation, dismissal for cause, layoff, reorganization, violation of confidentiality, or breach of company policy), subject to Massachusetts whistleblower and non-retaliation protections.
12. Dispute Resolution
Any disputes arising out of or relating to this Agreement shall be resolved through good-faith negotiation. If negotiation is unsuccessful, the parties may mutually agree to third-party mediation or arbitration. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Venue for any legal action shall be in [County/State] County, Massachusetts.
13. Workers' Compensation and Workplace Safety
The Employer shall provide workers' compensation coverage in accordance with Massachusetts law. The Employer is committed to maintaining a safe workplace and complying with all applicable OSHA and local requirements. The Employer will provide reasonable accommodations to employees with disabilities, consistent with Massachusetts disability law (M.G.L. c. 151B, ADA).
14. Anti-Discrimination and Anti-Harassment
The Employer prohibits discrimination and harassment based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, military status, age, or disability, consistent with Massachusetts law. The Employer is committed to diversity and inclusion in all HR operations.
15. Non-Compete
The parties agree that no non-compete clause is included in this employment agreement, in accordance with the Massachusetts Noncompete Agreement Act. Any restrictive covenants, such as non-solicitation or non-disclosure, must comply with Massachusetts law and not impede the employee's ability to work elsewhere in HR.
16. Other Expectations
The Employee is expected to maintain professional etiquette, attend HR meetings or offsite seminars, participate in mandatory legal updates training on Massachusetts employment law, and participate in organizational compliance audits.
17. Amendments
The terms of this Agreement are subject to periodic review and adjustment based on legislative updates or changes in Employer policy.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
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[Employer Representative Name], [Employer Representative Title]
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[Employee Full Legal Name]