Massachusetts retail sales associate employment contract template

Massachusetts Retail Sales Associate Employment Contract

This Massachusetts Retail Sales Associate Employment Contract (the “Agreement”) is made and entered into as of this [Date] by and between [Employer Name], a [State of Incorporation] corporation with a principal place of business at [Employer Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).

1. Employment

• Option A: Employer hereby employs Employee, and Employee hereby accepts employment with Employer, as a full-time Retail Sales Associate.
• Option B: Employer hereby employs Employee, and Employee hereby accepts employment with Employer, as a part-time Retail Sales Associate.

2. Job Duties

• Employee’s primary duties as a Retail Sales Associate shall include, but not be limited to:
• Conducting sales transactions using point-of-sale (POS) systems.
• Handling returns and exchanges according to Massachusetts retail regulations.
• Maintaining inventory accuracy and restocking shelves.
• Merchandising products to maximize sales.
• Assisting customers with product information and selection.
• Upselling and cross-selling products.
• Handling cash and credit card payments.
• Following store opening and closing procedures.
• Maintaining store housekeeping and cleanliness.
• Complying with loss prevention and security policies.
• Participating in store promotions and events.

3. Physical Requirements

• Employee must be able to:
• Stand for extended periods of time.
• Lift and carry merchandise weighing up to [Weight] pounds.
• Option A: Employee shall adhere to the Employer’s dress code, which is [Dress Code Description].
• Option B: Employee will be provided with a uniform to be worn during working hours.

4. Work Location

• Employee’s primary work location will be at the Employer’s store located at [Store Address] in Massachusetts.
• Option A: Employee may be required to work at other store locations within [City/Region] Massachusetts, as needed.
• Option B: Employee will not be required to work at locations other than the primary work location.

5. Work Schedule

• Employee’s employment is full-time, with a standard work week of [Number] hours.
• Option A: Employee's schedule will be fixed and provided [Frequency, e.g., weekly].
• Option B: Employee's schedule will vary based on business needs.
• Employee is entitled to a 30-minute meal break for shifts exceeding six (6) hours, and mandatory paid rest breaks as required by Massachusetts law.

6. Compensation

• Employee shall be paid an hourly wage of [Dollar Amount] per hour.
• Employee will be paid one and one-half (1.5) times their regular rate of pay for all hours worked over forty (40) in a workweek, as required by Massachusetts law.
• Option A: Employee is eligible to participate in a commission/incentive plan as described in [Commission Plan Document].
• Option B: Employee is not eligible for commissions or incentives.
• Option C: Employee is eligible for a bonus based on [Bonus Criteria].
• Employee will be paid [Frequency, e.g., weekly, bi-weekly] via [Method of Payment, e.g., direct deposit, check].

7. Benefits

• Employee is eligible for the following benefits, subject to the terms and conditions of the applicable plans:
• Health insurance
• Dental insurance
• Vision insurance
• 401(k) or other retirement plan
• Paid vacation time
• Paid sick leave (minimum of 40 hours per year, as required by Massachusetts law).
• Paid/Unpaid leave for personal emergencies
• Statutory Massachusetts holidays
• Option A: Tuition assistance or job-specific training.
• Option B: Employee discounts.
• Option C: Public transportation or parking reimbursement.

8. Onboarding and Training

• Employee will participate in onboarding and training programs covering:
• Massachusetts health and safety regulations.
• Hazardous material handling (if applicable).
• Customer data privacy and data breach notification (per Massachusetts data security laws).
• Cash handling protocols.
• Anti-shoplifting/loss prevention procedures specific to Massachusetts.

9. Employee Conduct

• Employee shall comply with all Employer policies, customer service standards, and Massachusetts retail anti-theft statutes.
• Employee shall provide reasonable accommodation for disabled customers as required by law.
• If working with minors or in a child-focused retail environment, the employee is a mandated reporter and must report suspected child abuse as required by state law.

10. Confidentiality

Employee agrees to hold confidential all sensitive customer, transaction, or business information, as defined by Massachusetts law.

11. Intellectual Property

All promotional materials or in-store displays developed by Employee in the course of employment shall be the sole property of the Employer.

12. Non-Competition/Non-Solicitation

• Employee acknowledges that Massachusetts law strictly limits the enforceability of non-compete agreements.
• Option A: This Agreement does not contain a non-compete clause.
• Option B: Employee agrees not to solicit employees or customers of Employer for a period of [Number] months following termination of employment.

13. At-Will Employment

• Employee’s employment is at-will, meaning that either Employer or Employee may terminate the employment relationship at any time, with or without cause, subject to providing [Number] days’ written notice.
• Upon termination, Employee will receive their final paycheck in accordance with Massachusetts law.
• Employee is required to return all company property upon termination.

14. Performance Reviews and Discipline

• Employee’s performance will be reviewed [Frequency, e.g., annually, semi-annually].
• Employer reserves the right to take corrective action, up to and including termination, for unsatisfactory performance or violation of company policies.

15. Anti-Discrimination/Harassment

• Employer prohibits discrimination and harassment based on race, color, religion, sex, national origin, age, disability, genetic information, or any other characteristic protected by federal or Massachusetts law.
• Employee should report any incidents of discrimination or harassment to [Designated Person/Department].

16. Compliance with Laws

Employee shall comply with all applicable federal, state, and local laws, including but not limited to Massachusetts workers’ compensation insurance, unemployment insurance, minimum wage laws, and workplace health and safety standards.

17. Workplace Injuries

• Employee must immediately report any workplace injuries or accidents to [Designated Person/Department].
• Employer will comply with Massachusetts workers’ compensation laws regarding medical leave and return-to-work coordination.

18. Dispute Resolution

• Option A: Any disputes arising out of or relating to this Agreement shall be resolved through internal resolution, and then mediation, prior to any arbitration or litigation.
• Option B: Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in [City, Massachusetts].
• This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

19. Background Checks/Drug Testing

• Option A: This offer is contingent upon satisfactory completion of a background check conducted in accordance with Massachusetts CORI law.
• Option B: This offer is contingent upon satisfactory completion of a drug test conducted in accordance with Massachusetts law.

20. Acknowledgement

Employee acknowledges receipt of and understanding of all applicable employment policies and handbooks.

21. Modification of Duties

Employer reserves the right to make lawful changes to job duties or store operations due to operational needs, in accordance with Massachusetts labor law.

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

[Employer Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

Date: [Date]

[Employee Name]

Signature: ____________________________

Date: [Date]