New Jersey graphic designer employment contract template

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How New Jersey graphic designer employment contract Differ from Other States

  1. New Jersey restricts the use of non-compete clauses by requiring they are reasonable in scope, duration, and geographic limitation.

  2. New Jersey mandates compliance with state-specific wage and hour laws, which may provide stronger protections than federal standards.

  3. Anti-discrimination provisions in New Jersey extend to additional protected categories beyond those recognized in some other states.

Frequently Asked Questions (FAQ)

  • Q: Is a written employment contract required for graphic designers in New Jersey?

    A: No, a written contract is not required by law, but it is highly recommended for clarity and legal protection.

  • Q: Can non-compete agreements be enforced in New Jersey graphic design contracts?

    A: Yes, but only if the terms are reasonable in duration, geography, and do not overly restrict future employment.

  • Q: Are freelancers considered employees under New Jersey law?

    A: No, freelancers are generally classified as independent contractors, but correct classification must follow New Jersey’s ABC test.

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New Jersey Graphic Designer Employment Contract

This New Jersey Graphic Designer Employment Contract (the “Agreement”) is made and entered into as of this [Date of Execution] by and between:

[Company Name], a [State of Incorporation] corporation with its principal place of business at [Company Address] (“Employer”), and

[Designer Name], residing at [Designer Address] (“Employee”).

WHEREAS, Employer desires to employ Employee as a Graphic Designer, and Employee desires to be employed by Employer in such capacity.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. Employment

Employer hereby employs Employee, and Employee hereby accepts employment with Employer, as a full-time Graphic Designer.

2. Job Description

Employee’s primary responsibilities include, but are not limited to, the following:

  • Creating original graphics, illustrations, layouts, and visual branding.
  • Designing UX/UI elements for web and mobile applications.
  • Developing marketing and advertising collateral.
  • Producing print materials.
  • Managing client briefs.
  • Conceptualizing marketing campaigns for New Jersey and regional markets.
  • Applying Adobe Creative Suite and other relevant design tools.
  • Ensuring ADA/WCAG compliance for digital assets.
  • Adhering to company brand standards.

The Employee’s required experience level is [Experience Level, e.g., Mid-Level].

The Employer expects the Employee's artistic style to align with [Artistic Style, e.g., modern and minimalist].

Employee must possess knowledge of [Industry/Market Knowledge, e.g., New Jersey consumer trends].

Employee will report to [Reporting Relationship, e.g., Creative Director].

Employee is expected to collaborate effectively with [Collaborative Expectations, e.g., the marketing team].

Employee will communicate with [Cross-Department Communication, e.g., the sales department].

3. Work Location

Option A: The primary work location shall be the Employer’s office located at [Company Address].

Option B: The primary work location shall be [Work From Home Location, e.g., Employee’s Residence].

  • A. Employee is expected to adhere to the company's telework policy, including time-tracking and use of company-supplied hardware/software.

4. Work Hours

Employee’s standard work hours are [Start Time] to [End Time], Monday through Friday, for a total of [Number] hours per week.

Option A: Employee may be required to work additional hours as needed to meet deadlines.

Option B: Employee is eligible for flexible work arrangements subject to Employer approval.

Option C: Employee is expected to attend in-person team meetings [Frequency, e.g., weekly].

Employee is entitled to a [Length of Time] minute unpaid/paid meal period and [Length of Time] minute paid rest periods per New Jersey labor law.

5. Overtime

Option A: Employee is classified as exempt from overtime under the New Jersey Wage and Hour Law and is not eligible for overtime pay.

Option B: Employee is classified as non-exempt from overtime under the New Jersey Wage and Hour Law and is eligible for overtime pay at a rate of 1.5 times their regular hourly rate for all hours worked over 40 in a workweek.

  • A. Overtime must be pre-approved by [Manager Name].
  • B. Employer will maintain accurate records of all hours worked by Employee.

6. Compensation

Option A: Employee’s base salary shall be [Salary Amount] per year, payable [Pay Frequency, e.g., bi-weekly].

Option B: Employee’s hourly wage shall be [Hourly Wage] per hour, payable [Pay Frequency, e.g., bi-weekly].

Payment shall be made via [Payment Method, e.g., direct deposit].

The Employer will comply with New Jersey minimum wage and wage payment timing statutes.

7. Bonuses/Commissions

Option A: Employee is eligible for a bonus based on [Bonus Criteria, e.g., individual performance].

  • A. The bonus amount and payout schedule are outlined in Exhibit A.

Option B: Employee is eligible for commissions based on [Commission Criteria, e.g., sales generated].

  • A. The commission structure is outlined in Exhibit B.

Option C: Employee is eligible for project incentives tied to performance.

  • A. Incentive structures will be outlined in a project-specific agreement.

8. Employee Benefits

Employee is eligible for the following benefits:

  • Health insurance: [Health Insurance Plan Details]
  • Vision insurance: [Vision Insurance Plan Details]
  • Dental insurance: [Dental Insurance Plan Details]
  • New Jersey Paid Sick Leave: In accordance with New Jersey law.
  • Disability and family leave: In accordance with New Jersey Family Leave Insurance and NJ SAFE Act.
  • Vacation: [Number] days per year.
  • PTO: [Number] days per year.
  • Paid holidays: [List of Holidays]
  • Equipment allowance: [Allowance Amount] for software/subscriptions or design hardware.
  • Professional development reimbursement: [Reimbursement Amount] per year.

9. Ownership of Work Product

All designs, artwork, digital files, drafts, and creative outputs produced by Employee during the course of their employment, including those for New Jersey clients or company branding, are the exclusive property of Employer, according to the New Jersey Trade Secrets Act.

Option A: Employee may use non-client related materials for their personal portfolio, subject to Employer approval.

Option B: Employee acknowledges that all work produced during employment is work-for-hire and Employer retains all rights.

10. Confidentiality

Employee agrees to hold confidential all proprietary information, campaign concepts, customer lists, and company intellectual property, adhering to the New Jersey Unfair Trade Practices Act. This obligation survives termination of employment.

11. Moonlighting/Non-Competition

Employee agrees not to engage in freelance design work for competitors during their employment with Employer.

Employer acknowledges and agrees to comply with New Jersey’s restrictions on post-employment non-compete agreements. Any non-solicitation agreement will be limited in duration, geography, and scope as required by New Jersey law.

Option A: During the term of employment, employee agrees not to perform any work, paid or unpaid, for any entity that directly competes with the business of the Employer within the state of New Jersey.

12. Copyright Assignment

Employee agrees to execute any and all documents necessary to assign all copyrights to Employer for all work product created during their employment.

13. Compliance Requirements

Employee agrees to adhere to ethical design conduct, visual content standards (including cultural sensitivity compliant with NJ law), accessibility standards (ADA), and digital privacy/data protection reflective of New Jersey regulations.

14. Performance Expectations

Employee is expected to deliver projects on time, handle feedback professionally, communicate effectively with New Jersey clients and stakeholders, participate in regular staff meetings, and provide progress reports as requested.

15. At-Will Employment

Employment is at-will and may be terminated by either party at any time, with or without cause and with or without notice, except as otherwise required by law.

  • Option A: Employee agrees to provide [Number] weeks’ notice of resignation.

Upon termination, Employee will return all company property and digital assets.

Final wages, including any accrued PTO, will be paid in accordance with New Jersey Wage Payment Law.

16. Anti-Discrimination and Anti-Harassment

Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, color, creed, national origin, age, gender, sexual orientation, gender identity, disability, marital status, military/veteran status, or any other protected category under the New Jersey Law Against Discrimination (LAD).

Employee should report any incidents of discrimination or harassment to [Contact Person/Department] or the New Jersey Division on Civil Rights.

17. Dispute Resolution

Option A: Any disputes arising out of or relating to this Agreement shall be resolved through internal complaint and review process.

Option B: Any disputes arising out of or relating to this Agreement shall be resolved through mediation in New Jersey before resorting to litigation.

Option C: Any disputes arising out of or relating to this Agreement shall be resolved through arbitration in New Jersey.

The exclusive jurisdiction and venue for any legal action relating to this Agreement shall be in the courts of New Jersey.

18. Workers' Compensation and Workplace Safety

Employer shall maintain workers' compensation insurance in accordance with the New Jersey Compulsory Insurance Law.

Employer is committed to providing a safe and healthy workplace.

19. Mental Health Support

Employer is committed to providing Mental Health Support in line with creative industry best practices. Resources are available [Resources for Support].

20. Required Employee Notices

Employee acknowledges receipt of all required employee notices under New Jersey law, including wage theft notice, sick leave notice, and equal pay information.

21. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.

22. Amendments

This Agreement may be amended only by a written instrument signed by both parties.

23. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey.

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

[Company Name]

By: [Authorized Representative Name]

Title: [Title]

[Designer Name]

Signature: [Designer Signature]

Date: [Date]

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