Massachusetts HR generalist employment contract template

Massachusetts HR Generalist Employment Contract

This Massachusetts HR Generalist Employment Contract (the "Agreement") is made and entered into as of [Effective Date], by and between [Employer’s Full Legal Name], a company registered in Massachusetts with its principal place of business at [Employer’s Massachusetts Address], represented by [Authorized Representative Name] ("Employer"), and [Employee's Full Legal Name], residing at [Employee's Full Address] ("Employee").

1. Position

The Employer hereby employs the Employee as a full-time HR Generalist.

• Option A: Job Responsibilities. The Employee's essential job responsibilities include, but are not limited to:
  • Employee onboarding and offboarding in compliance with Massachusetts law.
  • Processing payroll in compliance with Massachusetts wage and hour laws.
  • Managing employee benefits and leave, including Massachusetts Paid Family and Medical Leave (PFML) and Earned Sick Time.
  • Advising on performance management.
  • Administering workplace investigations (harassment, discrimination, wage complaints).
  • Handling employee records per Massachusetts privacy and recordkeeping laws.
  • Ensuring compliance with state and federal labor regulations (e.g., MGL c. 149, c. 151, c. 151B, FLSA, FMLA, ACA).
  • Monitoring workplace safety and compliance with the Massachusetts Earned Sick Time Law.
  • Maintaining required workplace postings.
  • Ensuring adherence to diversity, equity, and inclusion (DEI) standards.
  • Other duties as assigned.
• Option B: Required Skills & Experience. The Employee must possess:
  • HR certification (e.g., SHRM-CP/SCP, PHR/SPHR).
  • Experience with Massachusetts-specific HRIS or payroll systems.
  • Knowledge of union/collective bargaining laws in the context of Massachusetts (if applicable).
  • Proficiency in responding to state agency audits or claims (e.g., MCAD, DFML).
• Option C: Reporting Structure & Collaboration.
  • The Employee will report to the [Reporting Line, e.g., Director of HR].
  • The Employee will collaborate cross-functionally with payroll/accounting, legal, and operations departments.

2. Work Location

The Employee's principal work location shall be at the Employer's Massachusetts address: [Employer’s Massachusetts Address].

• Option A: Remote/Hybrid Work. If the position allows for remote or hybrid work:
  • Details of the remote/hybrid work arrangement, including work schedule, reporting requirements, and location.
  • The Employer will provide necessary technology and data security protocols in compliance with Massachusetts data breach notification law (M.G.L. c. 93H).
  • Remote onboarding processes will comply with legal requirements for I-9s and Massachusetts tax withholding.
• Option B: No Remote/Hybrid Work. The Employee will be required to work on-site at the Employer's primary Massachusetts location.

3. Employment Status

The Employee's employment status is full-time.

• Option A: Standard Weekly Hours.
  • The standard workweek is [Number] hours per week.
  • Overtime will be paid at a rate of one and one-half times the Employee's regular hourly rate for all hours worked over 40 in a workweek, in compliance with Massachusetts law.
  • The employee will be provided with meal/rest breaks as required per MGL ch. 149, sec. 100.
• Option B: Alternative Work Schedule. (If applicable, specify the details of the alternative work schedule.)

4. Compensation

The Employer shall compensate the Employee as follows:

• Option A: Salary.
  • The Employee's annual base salary is [Dollar Amount], payable [Payment Frequency, e.g., bi-weekly] on [Pay Dates].
  • All payroll deductions and withholdings will be documented in compliance with Massachusetts law.
• Option B: Hourly Wage.
  • The Employee's hourly wage is [Dollar Amount], payable [Payment Frequency, e.g., bi-weekly] on [Pay Dates].
  • All payroll deductions and withholdings will be documented in compliance with Massachusetts law.
• Option C: Performance Incentives/Merit Raises. (If applicable, specify the details of any performance incentives or merit raise programs.)
• Option D: Sign-On/Retention Bonus. (If applicable, specify the terms of any sign-on or retention bonus.)

5. Benefits

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

• Option A: Health Insurance.
  • Health, dental, and vision insurance, subject to eligibility and enrollment requirements and ACA compliance.
• Option B: Leave.
  • Massachusetts Paid Family and Medical Leave (PFML) benefits.
  • Massachusetts-mandated sick leave (at least 1 hour sick time per 30 hours worked, up to 40 hours per year).
  • Vacation/PTO accrual at a rate of [Number] days per year. Upon termination, accrued vacation time will be paid out as "earned wages" in accordance with Massachusetts law.
  • [Number] paid holidays per year (specify Massachusetts-specific holidays, if applicable, such as Patriots' Day).
• Option C: Retirement.
  • 401(k) or other retirement plan.
• Option D: Other Benefits.
  • Tuition or professional development reimbursement (including SHRM or state/local HR association memberships).
  • Commuter benefits.
  • Optional flexible spending accounts.
  • Mental health/wellness programs.

6. Confidentiality

The Employee shall maintain the confidentiality of all confidential information of the Employer, including but not limited to personnel files, disciplinary records, health/disability information, and investigation files, both during and after employment. This includes adherence to federal (HIPAA) and state data privacy laws, including the Massachusetts Fair Information Practices Act (FIPA).

7. Conflict of Interest

The Employee shall avoid any conflict of interest between their personal interests and the interests of the Employer.

8. Non-Compete/Non-Solicitation

• Option A: Non-Compete Clause. (Only applicable under specific conditions as per Massachusetts Noncompetition Agreement Act: exempt employees earning over \$75,000 in 2024, 10-day advance notice, restriction of 12 months or less, clear garden leave provisions with at least 50% of highest base salary).

  The Employee agrees not to compete with the Employer for a period of [Number] months following termination of employment within [Geographic Scope], subject to the terms and conditions of the Massachusetts Noncompetition Agreement Act, including a garden leave provision providing [Percentage] of the Employee's highest base salary during the restricted period.

  • The employee acknowledges receiving this agreement at least 10 business days before commencement of employment and agrees that they may seek legal counsel prior to signing.
• Option B: No Non-Compete Clause.

  The Employee is not subject to a non-compete agreement.

• Option C: Non-Solicitation and Non-Disclosure Clause.

  The employee agrees not to solicit any employees, customers, or vendors of the employer for a period of [Number] months after termination of employment, and the Employee will maintain the confidentiality of all confidential information as outlined in Section 6.

9. At-Will Employment

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 or notice, subject to applicable Massachusetts law.

• Option A: Termination Procedures. In the event of termination:
  • The Employer will provide prompt payment of final wages, no later than the last day worked if terminated by the Employer.
  • The Employer will pay for earned unused vacation as required by Massachusetts law.
• Option B: Resignation. The Employee shall provide [Number] weeks' written notice of resignation.

10. Anti-Discrimination/Harassment

The Employer is committed to providing a workplace free of discrimination and harassment, in compliance with Massachusetts law (including protected categories such as gender identity, sexual orientation, genetic information, pregnancy, military status, and other categories expanded beyond federal law). The Employee is expected to adhere to the Employer's anti-discrimination and anti-harassment policies, and to report any violations to the appropriate personnel.

11. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved through [Dispute Resolution Method, e.g., mediation, arbitration, litigation] in accordance with the laws of the Commonwealth of Massachusetts, and venue shall be in [County] County, Massachusetts.

12. Compliance

The Employer will comply with all applicable Massachusetts and federal laws, including but not limited to Worker's Compensation, unemployment insurance, and OSHA. The Employer will provide reasonable accommodations for qualified individuals with disabilities in accordance with applicable law.

13. Amendment

The Employer reserves the right to amend this Agreement or the Employer’s policies at any time, in accordance with Massachusetts law.

14. 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.

The Employee acknowledges that they have reviewed this Agreement, have had the opportunity to consult with legal counsel, and understand and agree to all of its terms and conditions.

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

____________________________

[Employer’s Authorized Representative Name]

____________________________

[Employee’s Full Legal Name]