New Mexico HR assistant employment contract template

New Mexico HR Assistant Employment Contract

This New Mexico HR Assistant Employment Contract ("Agreement") is made and entered into as of [Date] by and between [Employer Full Legal Name], located at [Employer Address] ("Employer"), and [Employee Full Legal Name], residing at [Employee Address] ("Employee").

1. Employment

• Option A: The Employer hereby employs the Employee as a full-time Human Resources (HR) Assistant.
• Option B: The Employer hereby employs the Employee as a part-time Human Resources (HR) Assistant. (Note: If part-time, adjust subsequent clauses regarding hours and benefits accordingly.)

2. Work Location

• Option A: The Employee's primary work location shall be at the Employer's facility located at [Employer Address] in New Mexico.
• Option B: The Employee's primary work location shall be at the Employer's facility located at [Employer Address] in New Mexico. A work-from-home arrangement may be permitted, subject to Employer's policies and requirements regarding data security and confidentiality of personnel records. The Employer reserves the right to modify or terminate this work-from-home arrangement at any time.
• The Employee is responsible for maintaining a secure workspace that complies with all applicable privacy laws and Employer policies.

3. Employment Type and Hours

• Option A: This is a full-time position. The Employee's regular work schedule will be 40 hours per week, typically from [Start Time] to [End Time], Monday through Friday.
• Option B: This is a full-time position. The Employee’s regular work schedule will be 40 hours per week. The work schedule and location are subject to change, based on business needs.
• The Employee is entitled to rest and meal breaks in accordance with New Mexico labor statutes.
• Overtime: For non-exempt employees, any hours worked over 40 in a workweek will be compensated at a rate of one and one-half times the Employee's regular rate of pay, in accordance with the Fair Labor Standards Act (FLSA) and New Mexico law. All overtime work must be pre-approved by the Employee's supervisor.

4. Job Duties and Scope of Responsibility

The Employee's duties and responsibilities include, but are not limited to:

• Processing employee onboarding and offboarding paperwork.
• Maintaining accurate and confidential personnel files in compliance with the New Mexico Inspection of Public Records Act (where applicable).
• Facilitating employee compensation and benefits enrollment.
• Assisting with payroll data collection and transmission (The Employee does not have authority in payroll matters).
• Processing employment verifications.
• Supporting recruitment administration, including posting job openings, screening resumes, and scheduling interviews.
• Conducting background checks and employment eligibility (I-9) verification.
• Preparing and distributing internal HR communications.
• Managing HR document storage and retention, ensuring compliance with applicable New Mexico retention periods.
• Supporting employee relations matters under the direction of the HR Manager.
• Preparing reports for regulatory filing specific to New Mexico (e.g., New Hire reporting).
• Tracking mandatory workplace trainings (including anti-harassment and safety).
• Assisting with compliance audits (EEOC, New Mexico Human Rights Bureau, etc.).

5. Reporting Structure and Confidentiality

• The Employee will report directly to [Supervisor Title].
• The Employee is expected to collaborate effectively with other members of the HR team.
• Confidentiality: The Employee acknowledges that they will have access to sensitive employee, payroll, and company information and agrees to maintain strict confidentiality regarding such information. The Employee is prohibited from disclosing any confidential information to unauthorized parties, in accordance with company policies and New Mexico privacy standards.

6. Compensation and Benefits

• Option A: The Employee's annual salary will be [Salary Amount], paid [Payment Frequency].
• Option B: The Employee's hourly wage will be [Hourly Wage Amount], paid [Payment Frequency].
• Payment Method: Payment will be made via [Direct Deposit/Check].
• Lawful Pay Deductions: All lawful deductions for taxes and other withholdings will be made in accordance with federal and New Mexico law.
• Timekeeping: The Employee is responsible for accurately recording their time worked using the Employer's designated timekeeping system.
• Minimum Wage: The Employee's compensation will comply with the minimum wage laws as per the New Mexico Department of Workforce Solutions.
• Overtime: For non-exempt employees, overtime will be calculated and paid in accordance with federal and New Mexico law for hours worked over 40 in a workweek.
• Paid Sick Leave: The Employee will accrue and use paid sick leave in accordance with the New Mexico Healthy Workplaces Act.
• Benefits: The Employee is eligible for the following benefits, subject to the terms and conditions of the applicable benefit plans:
• Health Insurance: Details regarding eligibility, enrollment procedures, and coverage options will be provided separately.
• Dental Insurance: Details regarding eligibility, enrollment procedures, and coverage options will be provided separately.
• Vision Insurance: Details regarding eligibility, enrollment procedures, and coverage options will be provided separately.
• Life Insurance: Details regarding eligibility, enrollment procedures, and coverage options will be provided separately.
• Retirement Plan: Details regarding eligibility, enrollment procedures, and vesting schedules will be provided separately.
• Paid Vacation: The Employee will accrue paid vacation time according to the Employer's policy, which complies with New Mexico law.
• Paid Personal Leave: The Employee will accrue paid personal time according to the Employer's policy, which complies with New Mexico law.
• Professional Development: Option for Reimbursement of HR certification exam fees (e.g., SHRM or HRCI) may be available, subject to Employer approval and policy.
• Other Benefits: [List Other Benefits Here]

7. Tax Withholding and Reporting

The Employer will withhold and report all applicable federal and New Mexico taxes from the Employee's compensation. The Employee is responsible for completing and submitting a W-4 form and a New Mexico state tax form.

8. Workers' Compensation and Unemployment Insurance

• The Employee is eligible for workers' compensation coverage under the New Mexico Workers' Compensation Act. The Employee is responsible for reporting any workplace injuries to their supervisor immediately.
• The Employee is eligible for unemployment insurance benefits under applicable New Mexico statutes.

9. Compliance and Training

• The Employee is required to comply with all applicable federal and New Mexico anti-discrimination, harassment, and equal employment opportunity laws.
• The Employee is required to participate in company-mandated trainings on diversity, harassment prevention, and workplace safety.
• The Employee is responsible for tracking and reporting state-required labor law postings and notices.

10. Confidentiality, Data Privacy, and Security

The Employee will have access to highly sensitive employee data (e.g., SSNs, medical information, background checks, payroll). The Employee must comply with all applicable New Mexico data privacy laws and Employer policies regarding the secure handling, retention, and destruction of documents (both electronic and paper records).

11. Intellectual Property

All templates, policies, and confidential HR procedures developed during the course of the Employee's employment shall be the property of the Employer. Upon termination of employment, the Employee shall return all such materials to the Employer.

12. Behavioral Expectations

The Employee is expected to maintain neutrality, impartiality, and discretion in all workplace matters. The Employee must adhere to ethical standards, including avoiding conflicts of interest. The Employee is responsible for avoiding participation in decisions regarding relatives or close friends, as per company policy.

13. Employment At-Will and Termination

Employment with the Employer 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, except as may be otherwise required by law. New Mexico does not mandate advance notice unless company policy provides it.

• Option A: Termination: The employer can terminate the employee at any time.
• Option B: The employer can terminate the employee at any time, but written notice is required.
• Upon termination, the Employee will receive their final paycheck not later than five days after the next payday following termination or 10 days after separation, whichever is sooner, per New Mexico statutes.
• The Employee is responsible for returning all company property upon termination. The Employee's access to HR systems will be immediately revoked.
• Immediate Termination: The Employer reserves the right to terminate the Employee's employment immediately for cause, including but not limited to breach of confidentiality, falsification of records, or gross misconduct.
• Exit Interview: Upon termination, the Employee will participate in an exit interview with the Employer.

14. Anti-Discrimination, Equal Opportunity, and Anti-Harassment

The Employer is an equal opportunity employer and complies with all provisions of the New Mexico Human Rights Act. The Employer prohibits discrimination and harassment based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, spousal affiliation, and other protected categories. The Employee is responsible for upholding these practices, reporting any violations, and ensuring proper handling of grievances or investigations.

15. Dispute and Grievance Procedures

• The Employer encourages informal resolution of employment disputes. If informal resolution is not possible, the Employee may utilize the Employer's established grievance process.
• Option A: Any dispute arising out of or relating to this Agreement shall be subject to mediation in New Mexico before resorting to litigation.
• Option B: Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration in New Mexico, in accordance with the rules of the American Arbitration Association.
• This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico. The exclusive jurisdiction and venue for any legal action arising out of or relating to this Agreement shall be in the state and federal courts located in New Mexico.

16. Required Notices and Acknowledgments

• The Employee acknowledges receipt of the Employee Handbook and other relevant HR policies, including the Confidentiality Agreement, IT Use Policy, and Acceptable Use of HRIS Systems.
• The Employee acknowledges and agrees to adhere to the Employer's document retention and confidential information protocols.

17. Background Screening and Consent

The Employee consents to a background check as a condition of employment, in compliance with New Mexico laws regarding the use of arrest/conviction records and the federal Fair Credit Reporting Act (FCRA).

18. Non-Solicitation and Non-Disclosure

• The Employee agrees not to solicit the Employer's employees or customers during the term of their employment and for a period of [Number] months following termination.
• The Employee agrees not to disclose any confidential information relating to the Employer's business, including but not limited to employee data, payroll information, and HR procedures, at any time during or after their employment. Broad non-compete clauses are generally disfavored under New Mexico law.

19. Occupational Health and Safety

• The Employer is committed to complying with all relevant federal and state regulations pertaining to occupational health and safety.
• The Employer provides resources for employee mental health and wellness.

20. Professional Development and Language Access

• The Employer supports HR professional development opportunities for the Employee.
• The Employer provides access to policies in both Spanish and English.

21. Amendment of Policies and Benefits

The Employer reserves the right to amend its policies and benefits at any time, with appropriate notice to the Employee, as allowed by New Mexico law.

22. Severability

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

23. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. ____________________________ [Employer Representative Name], [Employer Title] ____________________________ [Employee Full Legal Name]