Minnesota retail sales associate employment contract template
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How Minnesota retail sales associate employment contract Differ from Other States
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Minnesota enforces specific break and meal period requirements for retail workers that differ from many other states.
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The contract must comply with Minnesota’s unique minimum wage laws, which can exceed the federal standard.
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Minnesota law restricts the use of non-compete clauses for lower-wage retail employees more than some states.
Frequently Asked Questions (FAQ)
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Q: Does this contract need to reference Minnesota’s minimum wage?
A: Yes. The contract should reference Minnesota minimum wage laws, as they may differ from federal regulations.
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Q: Are meal and rest breaks legally required in Minnesota retail employment contracts?
A: Yes. Minnesota law requires employers to provide adequate meal and rest breaks for retail employees.
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Q: Can a Minnesota retail sales associate contract include a non-compete clause?
A: Non-compete clauses for retail sales associates in Minnesota are limited, especially for lower-wage workers.
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Minnesota Retail Sales Associate Employment Agreement
This Minnesota Retail Sales Associate Employment Agreement ("Agreement") is made and entered into as of [Date], by and between:
- [Company Legal Name], a [State] [Entity Type] with its principal place of business at [Company Address] and Minnesota Business Registration/Licensing details: [Registration Number] ("Employer"), and
- [Employee Full Legal Name], residing at [Employee Address] ("Employee").
1. Position:
- The Employer hires the Employee as a Retail Sales Associate.
2. Work Location:
- Option A: The Employee’s primary work location is at [Store Address].
- Option B: The Employee may be required to work at various store locations within the [City/Region] area.
- Option C: The Employee may be required to work at [Mall Name].
- The Employee is expected to be present in-store during scheduled retail operating hours.
3. Job Duties:
- The Employee's duties include, but are not limited to:
- Customer service and engagement.
- Product knowledge and recommendation.
- Point-of-sale transactions and cash handling; operation of registers or payment systems.
- Restocking and inventory management.
- Maintenance of product displays and store cleanliness.
- Receiving deliveries.
- Loss prevention.
- Adherence to store policies.
- Participation in Minnesota-specific compliance training (e.g., age verification for regulated products).
- Upselling/cross-selling as outlined in store policy.
4. Reporting Structure:
- The Employee will report directly to [Direct Supervisor Name] and may also receive direction from shift leads/managers as assigned.
5. Work Schedule:
- The Employee’s work schedule will be determined by the Employer based on business needs. The Employer will respect predictive scheduling requirements and lawful notice of shift changes as mandated by local ordinances (e.g., Minneapolis/Saint Paul), if applicable.
6. Employment Status and Hours:
- The Employee is employed on a full-time basis, defined as a minimum of [Number] hours per week.
- The Employee's standard workdays and times are [Days of the Week] between [Start Time] and [End Time], including evenings, weekends, and holidays as required.
- The Employee is entitled to rest and meal breaks as required by Minnesota Statute 177.253-.254.
7. Compensation:
- The Employee’s hourly wage is [Dollar Amount] per hour.
- Overtime will be paid at a rate of 1.5 times the Employee's regular rate for hours worked over 48 in a workweek, as required by Minnesota law.
- Paychecks will be issued [Frequency, e.g., biweekly].
- Timekeeping procedures are as follows: [Describe Timekeeping Procedures].
- Option A: The Employee is not eligible for commissions or incentive plans.
- Option B: The Employee is eligible for commissions/incentive plans as outlined in [Commission Plan Document].
8. Benefits:
- The Employee is eligible for the following benefits:
- Group health/dental/vision insurance eligibility after [Number] days of employment.
- Paid Time Off (PTO): [Number] days per year.
- Paid/Unpaid Sick Leave: As per Minnesota Sick and Safe Time regulations.
- Paid Holidays: [List Holidays].
- Parental Leave: As per applicable laws.
- Unpaid Leave: As required by Minnesota’s School Conference and Activities Leave Law and other applicable laws.
- Volunteer Firefighter/EMT Leave: As per applicable laws.
- Option A: Retirement plan offerings: [Describe Retirement Plan].
- Option B: No retirement plan is offered.
9. Scheduling Flexibility, Shift Swaps, and Call-In Procedures:
- Scheduling flexibility, shift swaps, and call-in procedures are governed by the Employer’s policies as outlined in [Employee Handbook].
10. Employee Discounts and Uniforms:
- Option A: The Employee is eligible for employee discounts as outlined in [Employee Discount Policy].
- Option B: The Employee is not eligible for employee discounts.
- The Employer provides uniforms, and the uniform policy is described in [Uniform Policy Document]. Deductions for uniforms, if any, comply with Minnesota law.
11. Performance Evaluation:
- The Employee's performance will be evaluated based on [Evaluation Criteria, e.g., sales targets, customer satisfaction].
- The Employer utilizes a progressive discipline process as described in [Employee Handbook].
12. Safety and Health:
- The Employee must comply with all OSHA and MNOSHA protocols.
- Accident reporting requirements and procedures for workplace injury claims are outlined in [Safety Manual].
13. Confidentiality:
- The Employee must maintain the confidentiality of customer information, store financials, and product data. The employee is prohibited from sharing store promotions or sensitive procedures.
14. At-Will Employment:
- The Employee's employment 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, subject to applicable laws.
15. Resignation and Termination:
- The Employee is required to provide [Number] days written notice of resignation.
- Upon termination, the Employee's final wages will be paid by the next pay date following separation, as required by Minnesota Statute 181.13. The employee must return all store property (access cards, keys, uniforms).
16. Non-Competition, Non-Solicitation and Confidentiality:
- Option A: This Agreement does not contain a non-compete clause.
- Option B: The Employee agrees to the non-competition, non-solicitation and confidentiality terms as outlined in [Separate Agreement or Addendum], which complies with Minnesota law.
17. Anti-Discrimination and Equal Employment Opportunity:
- The Employer is an equal opportunity employer and prohibits discrimination based on race, color, creed, religion, national origin, sex, marital status, disability, sexual orientation, gender identity, familial status, age, receipt of public assistance, or membership or activity in a local commission, as required by the Minnesota Human Rights Act.
18. Compliance with Workplace Postings and Employee Notification Obligations:
- The Employer complies with all state and federal workplace posting and employee notification obligations. New hire reporting to the Minnesota Department of Human Services will be performed.
19. Accommodations:
- The Employer will provide reasonable accommodations for disabilities and religious practices as required by Minnesota law.
20. Dispute Resolution:
- Any disputes arising from this Agreement will be resolved through internal resolution (store manager, HR escalation, mediation). Minnesota venue and law will govern any legal disputes. The Employee acknowledges the right to file complaints with the Minnesota Department of Labor and Industry or Minnesota Department of Human Rights.
21. Acknowledgement of Receipt:
- The Employee acknowledges receipt of the store handbook, Minnesota-specific wage notice, and policies covering time-off request, seasonal scheduling, adverse weather closure, and layoff recall for retail workers.
22. Social Media and Public Communications:
- The Employee's use of social media is governed by the Employer’s policy as outlined in [Social Media Policy Document].
23. Technology and Privacy:
- The Employee may use store technology (POS systems, security cameras) as required for their job duties. Unauthorized recording in the store is prohibited.
24. Mandatory Workplace Training:
- The Employee will participate in mandatory workplace training, including [List Trainings, e.g., hazardous materials, safety drills, first aid, age-restriction compliance].
25. Other Legally Required Disclosures:
- [List Other Required Disclosures, e.g., Notice of Monitoring, Summary of Certain Policies].
26. Contract Updates:
- This Agreement may be updated periodically to reflect changes in Minnesota labor law or retail-specific practices.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Representative Name]
[Employer Representative Title]
[Company Legal Name]
____________________________
[Employee Full Legal Name]