Minnesota graphic designer employment contract template

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How Minnesota graphic designer employment contract Differ from Other States

  1. Minnesota limits non-compete clauses more strictly than several other states, restricting enforceability and scope.

  2. Employment contracts in Minnesota must comply with specific wage disclosure rights outlined in state law.

  3. Minnesota law mandates payment of all earned commissions upon termination, differing from some state regulations.

Frequently Asked Questions (FAQ)

  • Q: Is a non-compete clause enforceable in Minnesota for graphic designers?

    A: Only if it is reasonable in duration, geographic scope, and necessary to protect legitimate business interests.

  • Q: Are overtime rules different in Minnesota for graphic designers?

    A: Yes. Minnesota law requires overtime pay for eligible employees, sometimes with stricter thresholds than federal law.

  • Q: What must be included in a Minnesota graphic designer employment contract?

    A: Key elements include job duties, compensation, termination terms, benefits, confidentiality, and compliance with state wage laws.

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Minnesota Graphic Designer Employment Contract

This Minnesota Graphic Designer Employment Contract (the “Agreement”) is made and entered into as of [Date] by and between [Employer Legal Name], a [State] [Business Type, e.g., Corporation] with its principal place of business at [Employer Address] (“Employer”), and [Employee Full Legal Name], residing at [Employee Address] (“Employee”).

1. Position

Option A: The Employer hereby employs the Employee as a Graphic Designer.

Option B: The Employee shall perform the following duties: digital and print creative design, brand identity development, motion graphics, visual concept ideation, photo editing, illustration, typography selection, image asset creation and management, UI/UX design for digital products, style guide documentation, and teamwork with marketing, product, and sales departments, and other duties as reasonably assigned by the Employer.

2. Skills & Software Proficiency

Option A: The Employee represents that they possess the skills and proficiency necessary to perform the duties of Graphic Designer.

Option B: The Employee will demonstrate proficiency in software platforms such as Adobe Creative Suite (Photoshop, Illustrator, InDesign, After Effects, XD), Figma, Canva, Sketch, as well as digital asset management tools as required by the Employer.

3. Work Location

Option A: The Employee's primary work location shall be at [Employer Address] in Minnesota.

Option B: The Employee will be working remotely from [Employee Address]. The Employer will comply with Minn. Stat. § 181.170 regarding expense reimbursement for remote work.

Option C: The Employee may work remotely [Number] days per week with prior approval from [Manager Name].

4. Hours of Employment

Option A: The Employee's employment shall be full-time, consisting of approximately 40 hours per week.

Option B: The Employee's core office hours are from [Start Time] to [End Time], Monday through Friday.

Option C: The Employer will provide breaks and meal periods in accordance with Minnesota Statutes § 177.253 and § 177.254.

5. Compensation

Option A: The Employee shall be paid an annual salary of [Salary Amount], payable [Pay Frequency, e.g., bi-weekly].

Option B: The Employee shall be paid an hourly rate of [Hourly Rate], payable [Pay Frequency, e.g., bi-weekly]. The Employer will pay overtime at 1.5 times the regular rate for hours worked in excess of 48 in a workweek, as required by Minn. Stat. § 177.25.

Option C: The Employee is eligible for project-based bonuses as determined by the Employer.

Option D: The Employer will reimburse the Employee for design-related expenses, including fonts, stock images, and software subscriptions, with prior approval.

6. Benefits

Option A: The Employee shall be eligible for the Employer's standard benefits package, including major medical, vision, and dental insurance, subject to the terms and conditions of those plans.

Option B: The Employee is eligible for paid parental leave, paid vacation and sick leave (including "earned sick and safe time" as required), company-paid holidays, an employee assistance program, and professional development.

Option C: The Employer will provide a [Amount] stipend for an ergonomic workspace.

7. Intellectual Property

Option A: All visual content, designs, concepts, portfolios, and all work product produced by the Employee during their employment, using company resources, shall be the exclusive property of the Employer.

Option B: Upon termination, the Employee may include [Number] samples of their work in their portfolio, subject to the Employer's prior written approval.

Option C: The Employee will obtain clearance for any third-party content or open-source fonts/artwork before use in Employer projects.

8. Confidentiality

Option A: The Employee shall not disclose any client briefs, proprietary branding materials, marketing strategies, unpublished product mockups, or any other privileged visual assets of the Employer or its clients.

Option B: The confidentiality obligations under this Agreement shall survive the termination of the Employee’s employment.

9. Conflict of Interest

Option A: The Employee must obtain written approval from the Employer before engaging in any freelance or pro bono design work during their employment.

Option B: The Employee shall not use company time or resources for outside projects.

10. Social Media and Publicity

Option A: The Employee shall adhere to the Employer’s social media and publicity policy regarding public posting or portfolio display of company or client work.

11. IT Security and Information Management

Option A: The Employee shall comply with the Employer’s IT security and information management protocols for design files, client data, font licensing, image asset tracking, watermarks, and back-up retention.

12. Professional Conduct

Option A: The Employee shall maintain professional conduct, refrain from creating visually offensive content, and adhere to the Employer’s cultural and branding guidelines.

Option B: The Employer maintains a non-violent and harassment-free creative environment.

13. Non-Discrimination

Option A: The Employer is an equal opportunity employer and prohibits discrimination based on gender, race, disability, age, sexual orientation, religion, veteran status, or any other protected characteristic under the Minnesota Human Rights Act and applicable federal law.

14. Non-Solicitation

Option A: The Employee agrees not to solicit the Employer's clients or employees for a period of [Number] months following the termination of their employment. This clause is intended to protect confidential information and business relationships, and is permitted under Minnesota law. Non-compete agreements are largely unenforceable in Minnesota.

15. At-Will Employment

Option A: The Employee's employment with the Employer 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 any contractual exceptions agreed upon in writing.

Option B: If the Employer terminates employment without cause, the Employee shall receive [Number] weeks of severance pay.

Option C: Upon termination, the Employee shall return all company equipment and assets, including design files and credentials.

16. Grievance and Dispute Resolution

Option A: The Employer encourages internal complaint resolution. Any disputes arising under this Agreement shall first be addressed through mediation in [City, State], and if unresolved, shall be subject to arbitration or judicial action in Minnesota courts.

17. Workers' Compensation and Safety

Option A: The Employer maintains workers’ compensation insurance and adheres to occupational health and safety standards, including those related to ergonomics and psychosocial factors relevant to graphic design.

Option B: The Employer will make reasonable mental health accommodations.

18. Continuing Education

Option A: The Employee is expected to participate in continuing education or training related to professional ethics and evolving design practices.

19. Accommodation of Disabilities

Option A: The Employer will provide reasonable accommodations to qualified individuals with disabilities in accordance with the Minnesota Human Rights Act and the Americans with Disabilities Act.

20. Data Privacy

Option A: The Employee shall comply with Minnesota’s Personal Information Protection Act and any applicable federal or client-specific data processing standards.

21. Entire Agreement

Option A: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements or understandings, whether written or oral. This Agreement may only be amended in writing signed by both parties.

22. Governing Law

Option A: This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota.

23. Survivability

Option A: The provisions relating to intellectual property, confidentiality, and non-solicitation shall survive the termination of this Agreement.

24. Electronic Signatures

Option A: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures shall be accepted in accordance with Minnesota's Uniform Electronic Transactions Act.

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

____________________________

[Employer Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

____________________________

[Employee Full Legal Name]

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