New Mexico executive assistant employment contract template

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How New Mexico executive assistant employment contract Differ from Other States

  1. New Mexico requires compliance with specific state wage payment laws, including timely payment of wages and earned vacation at termination.

  2. Employment contracts in New Mexico must reflect the state’s unique at-will employment doctrine, with exceptions for public policy or implied agreements.

  3. Background check and privacy requirements in New Mexico are stricter, mandating disclosure and consent provisions distinct from many other states.

Frequently Asked Questions (FAQ)

  • Q: Is non-compete enforceable in a New Mexico executive assistant contract?

    A: Non-compete agreements are generally enforceable in New Mexico if they are reasonable in scope, duration, and geographic area.

  • Q: Is this contract required to specify overtime compensation in New Mexico?

    A: Yes, New Mexico law requires clear disclosure of overtime rules and compensation in employment contracts for non-exempt employees.

  • Q: Can this template be used for at-will employment in New Mexico?

    A: Yes, it can be tailored for at-will employment, provided language aligns with New Mexico’s legal standards and exceptions.

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New Mexico Executive Assistant Employment Contract

This New Mexico Executive Assistant Employment Contract (the “Agreement”) is made and entered into as of [Date] by and between:

  • [Employer Legal Name], a [State] [Entity Type, e.g., Corporation], with its principal place of business at [Employer Address], hereinafter referred to as “Employer,” and
  • [Employee Legal Name], residing at [Employee Address], hereinafter referred to as “Employee.”

Contact Details:

  • Employer: [Employer Phone], [Employer Email]
  • Employee: [Employee Phone], [Employee Email]

1. Employment

  • The Employer hereby employs the Employee, and the Employee hereby accepts employment with the Employer as a full-time Executive Assistant.

2. Job Title and Duties

  • The Employee’s job title is Executive Assistant.
  • The Employee's duties will include, but are not limited to:
    • Daily calendar management for executives.
    • Appointment scheduling.
    • Drafting business and personal correspondence.
    • Organizing meetings and taking minutes.
    • Making travel arrangements.
    • Preparing expense reports.
    • Managing confidential documents.
    • Screening and prioritizing communications.
    • Coordinating office matters with other staff and departments.
    • Overseeing administrative projects.
    • Organizing company or client events.
    • Maintaining electronic and physical filing systems.
    • Gatekeeping tasks unique to executive administration.

3. Required Skills

  • The Employee must be proficient in:
    • Microsoft Office Suite (Word, Excel, PowerPoint, Outlook).
    • [Specific Communication Platform, e.g., Slack, Microsoft Teams].
    • [Industry-Specific Tool, e.g., CRM Software].

4. Reporting Structure

  • The Employee will report directly to [Executive Name and Title] and will also provide support to [Other Executive Name and Title].
  • Communication protocols will be as follows: [Describe communication methods and frequency].

5. Work Location

  • The primary work location will be at [Employer Address] in New Mexico.
  • Options:
    • Option A: The Employee may be required to work remotely on occasion, subject to Employer approval. [Define remote work policy, if applicable.]
    • Option B: This is a hybrid role, with [Number] days per week in the office.

6. Work Hours

  • The Employee's regular working hours will be 40 hours per week, from [Start Time] to [End Time], Monday through Friday.
  • Options:
    • Option A: Meal and rest breaks will be provided in accordance with New Mexico law.
    • Option B: Flexible scheduling may be required based on executive needs. [Outline policy for flexible scheduling].
    • Option C: Overtime is [Eligible/Not Eligible]. If eligible, overtime will be compensated at 1.5 times the regular hourly rate for hours worked over 40 in a workweek, in accordance with federal and New Mexico law.

7. Compensation

  • The Employee’s annual salary will be [Dollar Amount], payable [Frequency, e.g., bi-weekly].
  • Options:
    • Option A: The Employee is eligible for a discretionary bonus based on performance and company profitability. The bonus amount and criteria will be determined annually by the Employer.
    • Option B: The Employee is eligible for commissions based on [Commission structure and how it's calculated].
    • Option C: Overtime will be calculated and paid according to New Mexico law.

8. Benefits

  • The Employee will be eligible for the following benefits:
    • Employer-sponsored health insurance.
    • Employer-sponsored dental insurance.
    • Employer-sponsored vision insurance.
    • 401(k) retirement plan.
    • [Number] days of Paid Time Off (PTO) per year.
    • New Mexico statutory holidays.
    • Sick leave in accordance with the New Mexico Healthy Workplaces Act. [Detail accrual, usage, and carryover rules as required by NM law.]
    • [Optional: Paid family or medical leave.]
    • [Optional: Professional development allowance of Dollar amount].
    • Reimbursement for work-related expenses (travel, business lunches, etc.) per company policy.
    • [Optional: Wellness benefits or EAP.]
    • [Optional: Parking or transportation stipend].

9. Confidentiality

The Employee agrees to hold all confidential information of the Employer and its executives in strict confidence, both during and after employment. This includes, but is not limited to, financial information, strategic plans, client data, and personal information of executives. This obligation survives termination of this Agreement.

10. Outside Activities

The Employee agrees not to engage in any outside employment or consulting relationships that conflict with the interests of the Employer.

11. Intellectual Property

All materials, templates, schedules, work product, or intellectual property created by the Employee during the course of employment are the sole property of the Employer. Employee discloses the following pre-existing intellectual property: [List any IP].

12. Code of Conduct

The Employee agrees to adhere to the Employer's code of conduct and ethical standards, including those related to professionalism, discretion, anti-harassment, respect for diversity, and anti-discrimination, in compliance with the New Mexico Human Rights Act.

13. Workplace Policies

The Employee acknowledges and agrees to abide by the Employer's policies regarding workplace violence, drug/alcohol use, and appropriate workplace technology use.

14. Social Media

The Employee agrees to adhere to the Employer's social media and public communications guidelines.

15. 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 New Mexico law. [Mention any applicable exceptions such as public policy, implied contract, or good faith covenant.]

  • Options:
    • Option A: In the event of voluntary resignation, the Employee agrees to provide [Number] weeks' written notice.
    • Option B: The Employer may terminate the employment relationship for cause. "Cause" shall include, but not be limited to, [Define "cause" for termination].

16. Termination

Upon termination of employment, the Employee will receive a final paycheck in accordance with New Mexico wage payment laws. The Employee will return all Employer property, security credentials, and confidential materials.

  • Options:
    • Option A: Accrued, unused PTO will be paid out according to New Mexico law.
    • Option B: [Specify any other payment related to termination].

17. Workers' Compensation

The Employee is covered by the Employer's workers' compensation insurance as required by the New Mexico Workers' Compensation Act.

18. Workplace Safety

The Employee agrees to report any workplace injuries or safety concerns to [Designated person/department]. The Employee is protected by New Mexico's non-retaliation policy for safety and whistleblowing activities.

19. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through good faith negotiation. If negotiation fails, the parties agree to attempt mediation. This Agreement shall be governed by the laws of the State of New Mexico, and venue shall be in [County Name] County, New Mexico.

20. Background Checks

Employment is contingent upon successful completion of a background check in compliance with New Mexico's "ban-the-box" and fair chance hiring initiatives.

21. Data Privacy

The Employee will handle personal and sensitive data in accordance with New Mexico data protection statutes and the Employer’s data privacy policies.

22. Restrictive Covenants

  • The Employee agrees to the following restrictions:
    • [Non-Solicitation Period]-year non-solicitation of Employer's clients and employees.
    • Non-disparagement of the Employer and its executives.
    • Maintenance of confidentiality as described above.
    • [Consider omitting non-compete clause due to NM laws favoring employee mobility, or tailor it very narrowly]

23. Entire Agreement

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

24. Amendment

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

25. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

26. Acknowledgment

The Employee acknowledges that they have read and understand this Agreement in its entirety.

____________________________
[Employer Legal Name]

By: ____________________________
[Employer Representative Name]
[Employer Representative Title]

Date: ____________________________

____________________________
[Employee Legal Name]

Date: ____________________________

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