Massachusetts maintenance technician employment contract template
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How Massachusetts maintenance technician employment contract Differ from Other States
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Massachusetts law prohibits including non-compete clauses for hourly maintenance technicians in most cases, unlike some other states.
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Minimum wage, overtime rules, and paid sick leave benefits are governed by Massachusetts state laws, which may be more generous than other states.
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Specific anti-discrimination and workplace safety requirements under Massachusetts statutes must be integrated into employment contracts.
Frequently Asked Questions (FAQ)
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Q: Is a written employment contract required for maintenance technicians in Massachusetts?
A: No, but a written contract is recommended to clarify terms and ensure compliance with Massachusetts laws.
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Q: Does the contract need to specify overtime and paid sick leave policies?
A: Yes, to comply with Massachusetts regulations, both overtime eligibility and sick leave policies should be clearly stated.
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Q: Can a Massachusetts contract restrict a technician from working for competitors?
A: Generally, non-compete agreements are unenforceable for hourly maintenance technicians in Massachusetts.
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Massachusetts Maintenance Technician Employment Agreement
This Maintenance Technician Employment Agreement (the “Agreement”) is made and entered into as of [Date of Signing], by and between [Employer Full Legal Name], with a principal place of business at [Employer Address] (the “Employer”), and [Employee Full Legal Name], residing at [Employee Address] (the “Employee”).
Position and Responsibilities
- The Employer hereby employs the Employee as a Maintenance Technician.
- The Employee's responsibilities include, but are not limited to:
- Option A: Maintenance, inspection, repair, troubleshooting, and installation of building equipment and systems, including HVAC, plumbing, electrical, and mechanical systems.
- Option B: Performing routine and emergency response duties.
- Option C: Following preventive maintenance schedules.
- Option D: Accurately completing Massachusetts-specific maintenance logs and reports.
- Option E: Adhering to property management standards.
- Option F: Complying with manufacturer guidelines and Massachusetts state/local building codes.
Work Location and Travel
- The Employee's primary work location(s) will be [Primary Work Location(s) in Massachusetts].
- Travel:
- Option A: The Employee may be required to travel between worksites.
- Option B: The Employee will not be required to travel between worksites.
- On-Call/Emergency Response:
- Option A: The Employee will be on-call [Number] days per month with a response time of [Response Time] and geographical coverage of [Geographical Coverage].
- Option B: The Employee will not be required to be on-call.
Work Hours and Schedule
- The Employee's regular work hours will be [Start Time] to [End Time], [Days of the Week].
- The Employee is a full-time employee, normally working 40 hours per week.
- Overtime:
- Option A: Overtime will be paid at a rate of 1.5 times the regular hourly rate for hours worked over 40 in a workweek, in accordance with Massachusetts Overtime Law (MGL c. 151 § 1A).
- Option B: Overtime is not authorized unless pre-approved in writing by [Supervisor Title].
- Meal and Rest Breaks: The Employee is entitled to a 30-minute meal break for shifts longer than 6 hours, in accordance with Massachusetts statutes.
Compensation and Benefits
- Wage:
- Option A: The Employee's hourly rate will be [Hourly Rate].
- Option B: The Employee's annualized wage will be [Annual Wage].
- Payment Schedule: The Employee will be paid [Payment Frequency, e.g., weekly, bi-weekly].
- Method of Payment: The Employee will be paid by [Direct Deposit or Check].
- Additional Compensation/Benefits:
- Health Insurance: [Health Insurance Details]
- Dental Insurance: [Dental Insurance Details]
- Vision Insurance: [Vision Insurance Details]
- Paid Time Off (PTO): [PTO Details, including vacation and sick leave, compliant with Massachusetts Earned Sick Time Law]
- Paid Holidays: [List of Observed Paid Holidays]
- Retirement/Pension Plan: [Retirement/Pension Plan Details]
- Educational Assistance: [Educational Assistance Details]
- Job-Related Certification/Licensing Fee Reimbursement: [Reimbursement Details]
- Transportation/Travel Allowance: [Allowance Details]
- Work Uniform/Tool/Boot Stipend: [Stipend Details]
Licenses, Registrations, and Certifications
- The Employee is required to possess and maintain the following licenses, registrations, and certifications: [List of Required Licenses/Certifications, e.g., MA Construction Supervisor License, Hoisting License, Electrical/Plumbing certifications].
- The Employee is responsible for maintaining all required credentials in good standing.
- Background Checks:
- Option A: The Employee is subject to periodic background or CORI (Criminal Offender Record Information) checks.
- Option B: The Employee is not subject to periodic background checks.
Safety and Compliance
- The Employee must adhere to all Massachusetts workplace safety standards, including OSHA, state/local health codes, fire safety regulations, Hazard Communication Program, and lockout/tagout procedures.
- The Employee must participate in mandatory training, such as the Right-to-Know Law.
- The Employee must follow the Employer's protocols for safe handling, storage, and disposal of hazardous materials.
- The Employee must immediately report any safety incidents or hazards.
Incident Reporting and Workers' Compensation
- The Employee must immediately report all workplace injuries to [Designated Contact Person/Department].
- The Employer will comply with Massachusetts Workers' Compensation Law (MGL c. 152).
Reporting and Communication
- The Employee will report directly to [Supervisor Name and Title].
- The Employee must follow the established chain of command for urgent situations.
Company Property
- The Employee is responsible for the proper use, care, and return of all company-issued equipment, keys, access cards, protective gear, uniforms, tools, and vehicles.
Information Security and Confidentiality
- The Employee must maintain the confidentiality of building blueprints, access codes, security systems, customer/resident data, and other confidential information.
- These confidentiality obligations survive termination of employment.
Secondary Employment
- Option A: The Employee may engage in secondary employment that does not conflict with the Employer's interests.
- Option B: The Employee is prohibited from engaging in any secondary employment without the Employer's prior written consent.
Anti-Harassment and Non-Discrimination
- The Employer is an equal opportunity employer and does not discriminate based on race, color, religious creed, national origin, sex, sexual orientation, gender identity, ancestry, age, disability, genetics, veteran status, or any other protected category under Massachusetts General Laws Chapter 151B.
Non-Compete and Non-Solicitation
- Non-Compete: As per Massachusetts Noncompetition Agreement Act (MGL c. 149 §24L), there is no non-compete agreement for this role.
- Non-Solicitation: [Insert Non-Solicitation Clause Here, if applicable and compliant with Massachusetts law]
- Confidentiality: [Insert Confidentiality Clause Here, if applicable and compliant with Massachusetts law]
Termination
- The employment relationship is at-will, meaning either the Employer or the Employee may terminate the employment relationship at any time, with or without cause or notice, subject to the provisions below.
- The Employer may terminate the Employee's employment for cause, including but not limited to, violation of company policy, insubordination, or unsatisfactory performance.
- Voluntary Resignation: The Employee must provide [Number] weeks' written notice of resignation.
Final Pay
- Upon termination, the Employee will receive their final paycheck in accordance with Massachusetts Payment of Wages Law (MGL c. 149 §148). If involuntarily terminated, the final paycheck will be given on the last day worked. If resigned, the final paycheck will be given on the next regular payday.
Return of Property
- Upon termination, the Employee must immediately return all company property.
Dispute Resolution
- Option A: Any disputes arising out of or relating to this Agreement will be resolved through mediation, then arbitration, in [City, Massachusetts].
- Option B: All disputes arising out of or relating to this Agreement shall be resolved in the state or federal courts located in [County, Massachusetts].
Governing Law and Venue
- This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.
Compliance with Local Ordinances
- This Agreement will be updated as required to comply with any new Massachusetts employment laws and relevant local ordinances (such as Boston, Worcester, or Cambridge requirements).
Collective Bargaining
- The Employee has the right to collective bargaining or union membership in accordance with state and federal labor law.
Professional Development and Training
- The Employee is required to participate in professional development, technical training, and safety recertification as required by the Employer and applicable laws and regulations.
Loss of License/Certification
- The Employee must immediately notify the Employer of any loss, suspension, or expiration of required licenses/certifications.
Conflicts of Interest
- The Employee must refrain from engaging in any activities that create a conflict of interest, such as taking personal payment from current tenants or vendors.
Policy Revisions
- The Employer reserves the right to implement and revise policies and employee handbooks as allowed by Massachusetts law.
Sexual Harassment Training
- The Employee is required to participate in mandatory annual sexual harassment training as required by law.
Reasonable Accommodations
- The Employer will provide reasonable accommodations for employees with disabilities under both federal ADA and Massachusetts state disability law (MGL c. 151B §4(16)).
Unemployment Insurance
- The Employee's eligibility for unemployment insurance will be determined by the Massachusetts Department of Unemployment Assistance.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Full Legal Name]
By: ____________________________
[Employer Representative Name and Title]
____________________________
[Employee Full Legal Name]