Missouri retail sales associate employment contract template

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How Missouri retail sales associate employment contract Differ from Other States

  1. Missouri has no state-specific minimum wage for commissioned retail employees, so federal and state wage laws must be referenced together.

  2. Missouri law requires all final wages, including earned commissions, be paid at the time of separation or on the next regular payday.

  3. Missouri employment contracts must comply with at-will employment doctrine, which can affect termination and severance provisions.

Frequently Asked Questions (FAQ)

  • Q: Is a written contract required for retail sales associates in Missouri?

    A: A written contract is not legally required but is strongly recommended to specify key employment terms and protect both parties.

  • Q: Can a Missouri retail sales associate contract limit overtime pay?

    A: No, federal and state overtime laws apply. Overtime pay cannot be waived or limited through an employment contract.

  • Q: Are non-compete clauses enforceable in Missouri retail sales associate contracts?

    A: Non-compete clauses are enforceable if they protect legitimate business interests and are reasonable in scope, duration, and geography.

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Missouri Retail Sales Associate Employment Contract

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

1. Contact Information

  • Employer:
    • Name: [Employer Name]
    • Address: [Employer Address]
    • Phone: [Employer Phone]
    • Email: [Employer Email]
  • Employee:
    • Name: [Employee Name]
    • Address: [Employee Address]
    • Phone: [Employee Phone]
    • Email: [Employee Email]

2. Position

  • Retail Sales Associate
  • Description: Employee is hired as a Retail Sales Associate and will perform duties including, but not limited to:
    • Customer service on the sales floor.
    • Processing sales transactions and returns using POS systems.
    • Merchandising and shelf stocking.
    • Restocking inventory.
    • Assisting with visual displays.
    • Handling cash and credit card payments, issuing receipts.
    • Monitoring for theft or loss prevention.
    • Participating in store promotions.
    • Maintaining cleanliness and organization of assigned areas.
    • Answering customer inquiries about products and promotions.
    • Upselling/cross-selling merchandise as appropriate.

3. Required Skills & Knowledge

  • Technical Skills:
    • Operating POS terminals and cash registers.
    • Handling electronic payment processing.
    • Basic computer use.
    • Knowledge of products sold: [Specify Products or Product Categories]

4. Physical Requirements

  • Employee must be able to:
    • Stand for extended periods.
    • Lift up to [Weight in lbs.].
    • Move inventory.
    • Work shifts that may include weekends, evenings, and public holidays.

5. Reporting Structure

  • Employee reports directly to: [Supervisor/Manager Title]
  • Escalation path for workplace concerns: [Next Level Supervisor/Manager Title or HR Department]

6. Work Location

  • Primary Work Location: [Employer Retail Establishment Name & Address in Missouri]
  • Option A: Temporary assignments to other local stores: [Yes/No]
  • Option B: Temporary assignments to offsite locations: [Yes/No]

7. Employment Status

  • Full-time employment under Missouri law.
  • Standard Weekly Hours: [Number] hours per week.
  • Shift arrangements: [Describe Shift Schedules or Availability Requirements]
    • Requesting Schedule Changes: [Describe Procedure]
    • Shift Swaps: [Describe Procedure]
    • Time-Off: [Describe Procedure]

8. Overtime

  • Overtime Eligible: [Yes/No]
  • Overtime computation and compensation rates in accordance with Missouri Revised Statutes and the Fair Labor Standards Act (FLSA).
  • Overtime Approval: Overtime must be approved in advance by [Supervisor/Manager Title].
  • Timekeeping: Employee is responsible for accurate timekeeping using [Employer Timekeeping System].

9. Meal and Rest Breaks

  • Missouri law does not require rest or meal breaks for adults, however, the Employer's policy is as follows: [Describe Meal and Rest Break Policy. If providing, indicate duration, clock-in/out procedures].

10. Compensation

  • Base Hourly Rate: [Dollar Amount] per hour.
  • Option A: Base Salary: [Dollar Amount] per [Pay Period].
  • Payment Method: [Direct Deposit/Check]
  • Frequency of Pay: [Bi-weekly/Semi-monthly]
  • Minimum Wage Compliance: This wage complies with applicable city/county/state minimum wage requirements in Missouri.
  • Overtime Pay Rate: One and one-half (1.5) times the regular hourly rate for all hours worked over 40 in a workweek.
  • Option A: Incentive Compensation: [Yes/No]
    • If Yes: [Describe Bonus/Commission Structure, Calculation Methodologies, Payout Cycles]

11. Benefits

  • Health Insurance: [Yes/No. If Yes, describe eligibility and contribution details]
  • Dental Insurance: [Yes/No. If Yes, describe eligibility and contribution details]
  • Vision Insurance: [Yes/No. If Yes, describe eligibility and contribution details]
  • Retirement/401(k) Plan: [Yes/No. If Yes, describe eligibility and contribution details]
  • Paid Vacation: [Yes/No. If Yes, describe eligibility and accrual details]
  • Personal Days: [Yes/No. If Yes, describe eligibility and accrual details]
  • Sick Leave: [Yes/No. If Yes, describe eligibility and accrual details]
  • Unpaid Leaves: Subject to company policy and applicable law (FMLA, etc.).
  • Family/Medical Leave: As per FMLA requirements.
  • Jury Duty: [Describe Policy]
  • Bereavement Leave: [Describe Policy]

12. Employee Discounts, Uniforms & Expenses

  • Employee Discounts: [Yes/No. If Yes, describe eligibility and discount percentage]
  • Uniforms/Clothing Allowance: [Yes/No. If Yes, describe policy and allowance amount]
  • Reimbursement of Job-Related Expenses: [Yes/No. If Yes, describe policy and process]

13. Background Checks & Drug Testing

  • Pre-employment Background Check: [Yes/No. Describe scope and requirements]
  • Pre-employment Drug Testing: [Yes/No. Describe policy and requirements]
  • Ongoing Screening Requirements: [Yes/No. Describe policy and frequency]

14. Professional Conduct

  • Customer Service Standards: Employee will provide excellent customer service aligned with Missouri's Human Rights Act and Employer’s policies.
  • Compliance with Anti-Harassment and Anti-Discrimination Policies: Employee will adhere to Employer’s anti-harassment and anti-discrimination policies.
  • Dress Code/Uniform Requirements: [Describe Dress Code or Uniform Requirements]
  • Grooming Standards: [Describe Grooming Standards]
  • Punctuality: Employee is expected to be punctual and arrive on time for all scheduled shifts.
  • Reporting Customer/Co-Worker Disputes: Employee must report disputes to [Supervisor/Manager Title].

15. Workplace Safety

  • Employee will comply with Missouri Division of Labor Standards, OSHA requirements, and Employer safety policies.
  • Lifting Guidelines: [Describe Lifting Guidelines]
  • Incident Reporting: Employee must report any workplace accidents or injuries immediately to [Supervisor/Manager Title].
  • Handling Hazardous Materials: [Describe if applicable. Include training requirements]
  • Emergency Procedures: [Describe Emergency Procedures]

16. Confidential Information

  • Employee acknowledges that sales figures, customer lists, promotional strategies, internal store procedures, and other business information are confidential.
  • Employee agrees to maintain the confidentiality of this information during and after employment.

17. Cash Discrepancies & Theft

  • Employee is responsible for accurately handling cash and reporting any discrepancies to [Supervisor/Manager Title].
  • Employee must report any suspected shoplifting or theft to [Supervisor/Manager Title].

18. Non-Compete, Non-Solicitation & Non-Disclosure

  • Option A: Non-Compete Agreement: [Yes/No. If Yes, provide specific details compliant with Missouri law, including scope, duration, and geographic limitations.]
  • Option B: Non-Solicitation Agreement: [Yes/No. If Yes, provide specific details compliant with Missouri law, including scope, duration, and affected parties.]
  • Non-Disclosure Agreement: As stated in Section 16 regarding confidential information.

19. At-Will Employment

  • This is an at-will employment relationship, as recognized under Missouri law. Either party may terminate the employment relationship at any time, with or without cause or notice, subject to the final paycheck provision below.
  • Voluntary Resignation: Employee must provide [Number] days written notice of resignation.
  • Involuntary Termination: Employer may terminate employment at any time, with or without cause.
  • For-Cause Dismissal: Employer may terminate employment immediately for gross misconduct, dishonesty, or repeated tardiness.
  • Final Paycheck: Employee will receive their final paycheck on the next regular payday following termination, in accordance with Missouri law.
  • Return of Property: Upon termination, Employee must return all uniforms, keys, store property, and Employer's confidential information.

20. Dispute Resolution

  • Internal Complaint Process: Employee should first attempt to resolve any workplace disputes through Employer’s internal complaint process: [Describe Process].
  • Compliance with Missouri Department of Labor and Industrial Relations: Employee may file a wage claim with the Missouri Department of Labor and Industrial Relations if necessary.
  • Option A: Arbitration: [Yes/No. If Yes, describe the arbitration process and governing rules, ensuring compliance with Missouri law].
  • Option B: Mediation: [Yes/No. If Yes, describe the mediation process].
  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri.

21. Mandatory Posters/Disclosures

  • Employer will post all required notices under Missouri Minimum Wage Law, youth employment restrictions, and anti-retaliation policies.

22. Equal Employment Opportunity & Anti-Harassment

  • Employer is an Equal Opportunity Employer and does not discriminate based on race, color, religion, national origin, sex, ancestry, age, or disability, as protected by Missouri law.
  • Complaint and Investigation Process: [Describe the complaint and investigation process for harassment and discrimination claims].

23. Training

  • Employee will be required to complete the following training:
    • Product Knowledge Training: [Describe Training]
    • Register Operation Training: [Describe Training]
    • Loss Prevention Training: [Describe Training]
    • Option A: Missouri Alcohol/Tobacco Sales Certification: [Yes/No. If Yes, specify requirements]

24. Attendance and Tardiness

  • Attendance Policy: [Describe Attendance Policy]
  • Tardiness Consequences: [Describe Consequences for Tardiness]
  • No-Call/No-Show Procedures: [Describe Procedures]
  • Option A: Point or Warning System: [Yes/No. If Yes, describe the system]

25. Acknowledgment

  • Employee acknowledges that they have read, understood, and had the opportunity to ask questions about this Agreement.

Signatures

____________________________
[Employer Representative Name]

[Employer Representative Title]

[Employer Name]

____________________________
[Employee Name]

Date: [Date]

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