Nebraska graphic designer employment contract template
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How Nebraska graphic designer employment contract Differ from Other States
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Nebraska law restricts the enforceability of non-compete clauses, often requiring them to be reasonable and limited in scope and duration.
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Nebraska mandates timely final payment of wages, including for commissions or earned bonuses, upon employment termination.
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The Nebraska Fair Employment Practice Act provides broader protection against workplace discrimination than some other states.
Frequently Asked Questions (FAQ)
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Q: Do Nebraska designers need a written employment contract?
A: A written contract is not legally required, but it provides clarity on terms and protects both employer and employee rights.
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Q: Are non-compete agreements enforceable in Nebraska?
A: Yes, but only if they are reasonable in scope, duration, and protect legitimate business interests under Nebraska law.
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Q: Is overtime pay required for graphic designers in Nebraska?
A: Overtime rules depend on classification as exempt or non-exempt. Most non-exempt designers must be paid overtime per federal law.
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Nebraska Graphic Designer Employment Contract
This Nebraska Graphic Designer Employment Contract (the "Agreement") is made and effective as of [Date] by and between [Employer Name], located at [Employer Address] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee").
1. Employment
- Option A: The Employer hereby employs the Employee as a full-time Graphic Designer, and the Employee hereby accepts such employment.
- Option B: This Agreement shall commence on [Start Date] and continue until terminated as provided herein.
2. Job Responsibilities
- The Employee’s primary duties and responsibilities will include, but are not limited to:
- Creating visual concepts by hand and with computer software.
- Developing illustrations, layouts, company branding materials, and marketing collateral.
- Designing digital content for web/social media.
- Applying typography and color theory principles.
- Meeting with clients or teams to determine design requirements.
- Participating in creative brainstorming sessions.
- Preparing rough drafts and presenting ideas.
- Amending designs after feedback.
- Ensuring delivered work aligns with brand guidelines and copyright compliance.
3. Software, Design Tools, and Hardware
- The Employee will utilize the following software, design tools, and hardware:
- Adobe Creative Cloud Suite (Photoshop, Illustrator, InDesign).
- CorelDRAW (if applicable).
- Wacom devices (if applicable).
- Option A: The Employer will provide all necessary licenses for the above software.
- Option B: The Employee is expected to maintain familiarity with industry-relevant digital workflows and print production specifications.
4. Work Location
- The Employee's primary work location will be [Work Location Address], Nebraska.
- Option A: This is an on-site position.
- Option B: This is a remote position. The employee must adhere to company security standards and safeguard physical and digital assets off-site. Procedures for remote access to company files will be provided.
- Option C: This is a hybrid position.
5. Full-Time Employment
- The Employee's position is full-time, requiring [Number] hours per week.
- Option A: The standard work schedule is from [Start Time] to [End Time], Monday through Friday, with a [Duration] minute lunch break.
- Option B: Overtime will be compensated in accordance with Nebraska law.
- Observed Nebraska statutory holidays are: [List Holidays].
6. Compensation
- Option A: The Employee shall receive an annual salary of [Salary Amount], payable [Pay Frequency].
- Option B: The Employee shall receive an hourly wage of [Hourly Wage Amount], payable [Pay Frequency].
- Pay will be delivered via [Direct Deposit/Check].
- Overtime will be calculated at 1.5 times the regular hourly rate for hours worked over 40 in a workweek, as per Nebraska law.
- Option A: The Employee may be eligible for bonuses or incentives based on [Bonus Criteria].
- The Employer will reimburse the Employee for pre-approved expenses incurred in the performance of their duties, subject to the Employer’s expense reimbursement policy, including but not limited to fonts, stock image licenses, and printing proofs.
7. Benefits
- The Employee shall be eligible for the following benefits, subject to the terms and conditions of the applicable plans and policies:
- Group health, dental, and vision insurance.
- Option A: Retirement plan (401(k) or other).
- Paid time off (vacation, sick leave per Nebraska state law, and Nebraska state holidays).
- Leave of absence policies (maternity, bereavement, jury duty, military leave).
- Option A: Wellness allowance of [Amount] per [Time Period].
- Option B: Professional development allowance of [Amount] per [Time Period] for continued education or certification.
8. Intellectual Property
- All graphics, designs, branding assets, concepts, drafts, and deliverables created by the Employee during work hours or using company resources are the exclusive property of the Employer, and shall be considered "work made for hire" under Nebraska law.
- Pre-employment materials or portfolio pieces are not subject to this clause if documented in advance.
9. Confidentiality
- The Employee acknowledges that they will have access to confidential and proprietary information of the Employer, including client data, design drafts, internal processes, and vendor relationships.
- The Employee agrees to hold such information in strict confidence and not to disclose it to any third party without the Employer's prior written consent, both during and after the term of employment. This obligation survives termination of employment.
10. Third-Party Asset Use
- The Employee is responsible for ensuring proper licensing documentation for all stock media, templates, and fonts used in their work.
- The Employee is responsible for complying with all applicable copyright laws in all deliverables.
11. Secondary Employment
- Option A: The Employee shall not engage in any secondary employment or freelance activity that conflicts with the interests of the Employer.
- Option B: The Employee shall not engage in any secondary employment or freelance activity without prior written approval from the Employer.
12. Non-Competition
- The Employee agrees that during their employment and for a period of [Number] months following termination of employment, they will not solicit the Employer's clients for the purpose of providing graphic design services within a [Geographic Area] radius of [Employer's Location]. This restriction applies only to the solicitation of existing clients and does not prohibit the Employee from engaging in general graphic design work as limited by Nebraska law.
13. Performance Standards
- The Employee is expected to meet the following performance standards:
- Maintain a high level of creative quality.
- Proficiently use design software and tools.
- Adhere to project deadlines.
- Collaborate effectively with marketing and communications teams.
- Interact professionally with clients.
- Provide regular updates using [Project Management Tool/Timesheet System].
14. Occupational Health and Safety
- The Employer is committed to providing a safe and healthy work environment.
- The Employee is expected to comply with all applicable occupational health and safety regulations, including maintaining a safe workstation arrangement and taking regular breaks from screen time.
15. Employment at Will
- The Employee's employment is at-will, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause, subject to Nebraska law.
- Upon termination, the Employer shall pay the Employee all wages due in accordance with Nebraska law. The Employee must return all company property (hardware, software licenses, physical artwork) immediately upon termination. An exit interview will be conducted.
16. Dispute Resolution
- The parties agree to attempt to resolve any disputes arising out of or relating to this Agreement through good-faith negotiation. If negotiation fails, the parties agree to [Mediation/Arbitration] before resorting to litigation. This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska. The venue for any legal action shall be in [County] County, Nebraska.
17. Anti-Discrimination
- The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, disability, age, marital status, national origin, or any other protected characteristic under applicable federal, state, or local law. The Employer maintains a strict anti-harassment policy. Employees should report any instances of harassment or discrimination.
18. Appearance and Client Interaction
- Option A: Client-facing graphic designers are expected to maintain a professional appearance.
- Option B: The dress code for onsite client meetings is [Dress Code].
- The Employer will reimburse the Employee for pre-approved travel expenses incurred for client meetings.
19. Background Checks and References
- Option A: This offer of employment is contingent upon successful completion of a background check and reference verification.
- Option B: The Employer reserves the right to conduct periodic portfolio reviews.
20. Personal Device Use
- Option A: The use of personal devices for work purposes is prohibited.
- Option B: The use of personal devices for work purposes is permitted, subject to the Employer's security policies.
- The Employer is not responsible for providing technical support or reimbursement for personal devices used for work.
21. Professional Development
- Option A: The Employer encourages the Employee to pursue relevant design industry certifications.
- Option B: The Employer will support the Employee's membership in professional design associations.
22. Adjustments
- The Employer reserves the right to adjust the terms of this agreement at its discretion, as required by Nebraska labor regulations.
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]
[Employee Name]
Signature: _________________________
Date: _________________________