New Mexico graphic designer employment contract template

New Mexico Graphic Designer Employment Contract

This New Mexico Graphic Designer Employment Contract (the "Agreement") is made and entered into as of [Date of Execution] by and between [Employer Full Legal Name], with a principal place of business at [Employer Address] ("Employer"), and [Employee Full Legal Name], residing at [Employee Address] ("Employee").

1. Position and Duties

• The Employer hereby employs the Employee as a Graphic Designer.
• The Employee's duties will include, but are not limited to:
  • Creating branding materials.
  • Digital and print collateral design.
  • Ad creatives.
  • Web and social media graphics.
  • Infographics.
  • Logo design.
  • Layout and typography.
  • Image editing.
  • File formatting and output.
  • Pre-press setup.
  • Asset management.
  • Collaboration with clients and cross-functional teams.
• Required Design Software:
  • Adobe Creative Cloud (Photoshop, Illustrator, InDesign, After Effects).
• Hardware/Equipment:
  • Option A: Employer will provide all necessary hardware and equipment.
  • Option B: Employee will use their own equipment with a stipend of [Dollar Amount] per month.
• Skill Development:
  • Option A: Employer will provide training and resources for ongoing skill development.
  • Option B: Employee is responsible for their own skill development, with Employer approval for courses/conferences.

2. Location and Remote Work

• The Employee's primary work location will be at [Office Address in New Mexico].
• Campus Access Rules: [Specify any campus access rules].
• Remote Work Policy:
  • Option A: This position is fully in-office.
  • Option B: This position is fully remote.
  • Option C: This position is hybrid, with [Number] days in the office per week/month.
  • Remote Work Requirements:
    • Color calibrated monitor.
    • Secure digital asset handling.
    • High-speed internet connectivity.

3. Employment Type and Work Hours

• The Employee's employment is full-time.
• Standard Work Hours:
  • Weekly Hours: [Number] hours per week.
  • Standard Schedule: [Days of the week and hours].
• Meal and Rest Periods:
  • In compliance with New Mexico law.
  • [Specify meal and rest period schedule]
• Overtime Eligibility:
  • Option A: Employee is eligible for overtime pay as required by New Mexico law.
  • Option B: Employee is exempt from overtime pay.
  • Overtime Calculation: Calculated according to New Mexico state law.
• Flexible Scheduling:
  • Option A: Flexible scheduling is permitted with prior approval from the Employer.
  • Option B: No flexible scheduling is permitted.
• Time-Tracking: Employee will track time using [Time tracking method].

4. Compensation and Benefits

• Base Salary:
  • Option A: Annual salary of [Dollar Amount].
  • Option B: Hourly rate of [Dollar Amount].
• Pay Cycle: [Weekly, Bi-weekly, Monthly].
• Payment Method: [Direct Deposit, Check].
• Overtime Rate: [Specify Overtime Rate, e.g., 1.5 times the regular hourly rate as per New Mexico Law].
• Bonuses:
  • Option A: Project-based bonuses may be awarded at the Employer's discretion.
  • Option B: Performance review-based bonuses may be awarded based on creative output.
• Freelance/Royalty Arrangements: [Specify any freelance or royalty arrangements].
• Fringe Benefits:
  • Paid Sick Leave: In compliance with the New Mexico Healthy Workplaces Act.
  • Paid Vacation: [Number] days per year.
  • State Holidays: [Observed New Mexico State Holidays].
  • Health Insurance: [Specify Health Insurance Plan].
  • Dental Insurance: [Specify Dental Insurance Plan].
  • Vision Insurance: [Specify Vision Insurance Plan].
  • Retirement Plan: [401(k) or other Retirement Plan].
  • Professional Memberships: Reimbursement for [Specify Professional Memberships, e.g., AIGA] membership fees.
  • Design Competition Fees: Reimbursement for approved design competition fees.
  • Equipment/Home Office Stipend: [Dollar Amount] per month.
  • Continued Education: [Specify details of continued education subsidies].
  • Employee Wellness Program: [Specify details of any employee wellness program].

5. Intellectual Property

• All graphic designs, assets, drafts, source files, and derivative works created by the Employee during their employment shall be the sole and exclusive property of the Employer.
• Portfolio Use: Employee may use selected works in their non-commercial online/print portfolio, subject to NDA constraints.
• Open-Source/Third-Party Material: Requires Employer's prior written consent.
• Reference to New Mexico law distinguishing between employee and independent contractor IP standards.

6. Confidentiality and Non-Disclosure

• Employee agrees to hold all client artwork, designs, creative concepts, unpublished marketing material, and business strategies in strict confidence.
• Digital Asset Security: Employee will comply with all Employer policies regarding digital asset security.
• Post-Employment Confidentiality: This confidentiality obligation shall continue for [Number] years after termination of employment.

7. Freelance/Side Work

• Freelance or "moonlighting" work is:
  • Option A: Prohibited without prior written consent from the Employer.
  • Option B: Permitted, provided it does not conflict with the Employee's duties to the Employer.
  • Option C: Prohibited entirely.

8. Workplace Conduct

• Employee agrees to adhere to the Employer's anti-harassment and anti-discrimination policies, compliant with the New Mexico Human Rights Act.
• Employee will maintain a respectful creative work environment.
• Reporting Inappropriate Content/Feedback: Employee will promptly report any inappropriate content or client feedback.
• Professional Representation: Employee will represent the Employer's brand professionally in all external forums and social media.

9. Internet and Technology Use

• Limitations on use of company equipment and licensed software: [Specify any limitations].
• Required file management and backup practices: [Specify practices].
• Compliance with copyright law when sourcing or manipulating images or typefaces.

10. Non-Solicitation

• Employee agrees not to solicit the Employer's clients or employees for a period of [Number] years following termination of employment, to the extent permitted by New Mexico law.

11. Non-Competition

• Non-compete agreements are:
  • Option A: Included. Employee agrees not to work for a competing company within [Number] miles of [City, New Mexico] for a period of [Number] years following termination of employment.
  • Option B: Not Included.

  (Note: Non-competes are generally permitted outside of healthcare in NM but must be reasonable in duration/scope/geography)

12. At-Will Employment

• 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 the terms herein.

13. Termination

• Grounds for Discharge: [Specify grounds for discharge].
• Voluntary Resignation: Employee shall provide [Number] weeks' written notice prior to resignation.
• Final Wages: Final wages will be paid within five days of separation, as required by New Mexico law.
• Severance:
  • Option A: Severance will be provided according to Employer policy.
  • Option B: No severance will be provided.
• Exit Procedures: Employee will return all Employer property and deactivate software licenses upon termination.

14. Dispute Resolution

• Internal Grievance Process: [Specify internal grievance process].
• Mediation/Arbitration: [Specify whether mediation or arbitration will be used].
• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico.
• Venue: Any legal proceedings shall be held in [Santa Fe, Albuquerque, or other New Mexico venue].

15. Compliance

• Employer will comply with all applicable New Mexico wage and hour rules, workers' compensation requirements, unemployment insurance eligibility, occupational safety and health obligations, and whistleblower protections.
• Federal and New Mexico-mandated notices will be posted as required.

16. Optional Clauses

• Remote Work Technology Stipend: [Dollar Amount] per month for color-accurate monitors, printers, or calibration devices.
• Portfolio Rights: Consent for Employee to use selected works in non-commercial online/print portfolios under NDA constraints.
• Mandatory Participation: Employee will participate in company design reviews, critique sessions, or brand workshops.
• Inclusion, Diversity, and Anti-Retaliation Policies: As required by New Mexico law and best practices.

17. Modification

• All terms are subject to change by mutual written agreement.

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

____________________________
[Employer Full Legal Name]

By: ____________________________
[Employer Representative Name and Title]

____________________________
[Employee Full Legal Name]