New Mexico cashier employment contract template
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How New Mexico cashier employment contract Differ from Other States
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New Mexico requires compliance with its unique state minimum wage laws, which may differ from federal and neighboring state standards.
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Employers in New Mexico must adhere to specific break and meal period rules, which are distinct from those in many other U.S. states.
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The New Mexico Human Rights Act provides broader anti-discrimination protections for cashier employees compared to some other states.
Frequently Asked Questions (FAQ)
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Q: Does New Mexico require a written employment contract for cashiers?
A: A written contract is not legally required but is highly recommended to clearly define terms and protect both parties.
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Q: What is the minimum wage for cashiers in New Mexico?
A: As of 2024, the state minimum wage is $12.00 per hour, but local ordinances may set higher rates in certain cities.
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Q: Are meal and rest breaks mandatory for cashiers in New Mexico?
A: New Mexico does not require meal or rest breaks by law, but employers often provide them voluntarily or by company policy.
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New Mexico Cashier Employment Contract
This New Mexico Cashier Employment Contract (the “Agreement”) is made and effective as of [Date],
BETWEEN:
[Employer Name], a company organized and existing under the laws of New Mexico, with its principal place of business at [Employer Address] (“Employer”),
AND:
[Employee Name], residing at [Employee Address] (“Employee”).
WITNESSETH:
WHEREAS, Employer desires to employ Employee as a Cashier, 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
The Employer hires Employee, and Employee accepts employment, as a full-time Cashier.
2. Job Responsibilities
Employee's responsibilities include, but are not limited to:
- Accurate cash handling.
- Operation of POS systems.
- Issuing receipts and change.
- Addressing customer questions on pricing and products.
- Processing returns and exchanges in compliance with company and New Mexico consumer protection regulations.
- Maintaining cleanliness of cashier stations.
- Performing daily cash drawer reconciliations.
- Adhering to loss prevention procedures.
- Supporting store restocking and merchandising as applicable.
3. Specific Job Requirements
- Standing for extended periods.
- Lifting cash register drawers or receipt paper rolls.
- Maintaining strict accuracy in cash transactions to avoid shortages or overages.
- Reporting potential suspicious or counterfeit currency.
- Upholding customer service standards.
4. Work Location
- Option A: The primary work location is [Worksite Address], New Mexico.
- Option B: Employee may be required to work at other New Mexico locations as needed.
5. Work Schedule
- Option A: Employee's full-time work schedule is [Number] hours per week.
- Option B: Employee's shift structure is [Shift Details].
- Includes required weekend and/or evening work.
- Overtime will be compensated in accordance with New Mexico law.
6. Dress Code/Uniform
- Option A: Employee is required to wear the company uniform, as specified in the employee handbook.
- Option B: Employee must adhere to the following dress code: [Dress Code Details].
- Rules regarding eating, drinking, or mobile phone use at the register: [Specific Rules].
7. Compensation
Employee will be paid an hourly rate of [Dollar Amount].
Pay frequency is [Pay Frequency, e.g., bi-weekly], in accordance with the New Mexico Payment of Wages Act.
- Option A: Employee is eligible for tips.
- Option B: Employee is not eligible for tips.
- Overtime will be paid at 1.5 times the regular rate for hours worked over 40 in a workweek, as required by New Mexico law.
- Policy on cash shortages or register discrepancies: [Detailed Policy, adhering to legal restrictions on wage deductions in NM].
8. Meal and Rest Breaks
Employee will receive meal and rest breaks in accordance with New Mexico law. Employer will maintain records of breaks taken.
Specifically, [Break Schedule, e.g., a 30-minute unpaid meal break and two 10-minute paid rest breaks for each 8-hour shift].
9. Paid Leave
Employee will accrue paid sick leave in accordance with the New Mexico Healthy Workplaces Act.
Accrual rate: [Accrual Rate, e.g., 1 hour of sick leave for every 30 hours worked].
Usage, carryover, and notice requirements: [Detailed Information, adhering to NM Healthy Workplaces Act].
Other paid leave (holiday, vacation, etc.): [Details of other paid leave policies].
10. Benefits
Employee may be eligible for health insurance, dental, vision, and/or retirement plans after meeting eligibility requirements.
- Details on eligibility and enrollment: [Specific Details].
- Employee is covered by workers’ compensation and unemployment insurance, as required by New Mexico law.
- Employee is protected against discrimination under the New Mexico Human Rights Act.
11. Confidentiality
- Employee will maintain the confidentiality of customer payment data (PCI DSS compliance, if applicable).
- No unauthorized use of store loyalty data.
- Strict prohibition on disclosure of pricing, discount, or promotional strategies.
12. Conduct
- The Employer maintains a zero-tolerance policy for harassment and discrimination.
- Anti-harassment and safe workplace policies: [Reference to Policy].
- Explicit anti-discrimination provisions aligned with New Mexico Human Rights Act: [Detailed Statement].
- Expectations on professionalism in customer interaction.
- Policies for reporting workplace misconduct, theft, or harassment: [Reporting Procedures].
- Available complaint escalation procedures: [Escalation Procedures].
13. Cash Handling Errors
Procedures for reporting, reviewing, and resolving cash handling errors: [Detailed Procedures].
14. Conflicts of Interest
Employee will not engage in any unapproved external work that presents a conflict of interest or competes with Employer business.
15. Security
- Store-specific protocols for securing cash drawers, end-of-day closeout, and custody of keys, safe codes, or alarm passwords: [Detailed Protocols].
- If cameras or monitoring systems are used at the register: [Notification and Privacy Procedures, adhering to NM Law].
16. Training
Employee is required to complete the following training:
- Mandatory workplace safety training.
- Anti-discrimination training.
- Food handler certification (if applicable).
Details on required training: [Specific Details].
17. Required Postings/Disclosures
The Employer will display all state-mandated postings, including minimum wage poster, workers’ compensation posting, and Healthy Workplaces Act information.
18. At-Will Employment
Employment is at-will and may be terminated by either party with or without cause and with or without notice, subject to New Mexico law.
19. Termination
- Voluntary Resignation: Employee must provide [Number] days' written notice.
- Employer-Initiated Termination: Employer may terminate employment at any time.
- Final Wage Payment: Employee will receive final wages within five days of termination, as required by New Mexico law.
- Final Pay Calculation: Includes payout of accrued, unused paid time off, if applicable, according to company policy and New Mexico law.
- Return of Property: Employee must return all Employer property, including uniforms, keys, and devices.
- Cash Discrepancies/Theft During Termination: [Procedures for investigation and legal compliance].
20. Dispute Resolution
The parties agree to attempt to resolve any disputes through good faith negotiation and mediation before resorting to litigation.
Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico. Venue for any legal action shall be in [County] County, New Mexico.
Availability of free mediation via state Labor Relations Division.
21. Non-Compete (If Applicable)
Non-compete restrictions are generally unenforceable under New Mexico law and are only included here to the extent they are narrowly tailored and protect legitimate business interests.
- [Specific details if applicable. Must be narrowly defined and legally compliant with NM law].
22. No Solicitation/Non-Disparagement
- No Solicitation: During employment and for [Number] months after termination, Employee will not solicit Employer's employees or customers.
- Non-Disparagement: Employee will not disparage Employer.
23. Right to Organize
Employee acknowledges Employer's commitment to respecting employees' rights to organize or participate in a union, as protected by state and federal law.
24. Amendment
The terms of this Agreement are subject to change with advance notice, as per company policy and New Mexico law.
25. Language
This Agreement is provided in English and, if required for a significant portion of the local employee population, will also be provided in Spanish.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Name]
By: [Name of Authorized Representative]
Title: [Title]
____________________________
[Employee Name]
Employee Signature
Date: [Date]