New Mexico HR generalist employment contract template
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How New Mexico HR generalist employment contract Differ from Other States
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New Mexico mandates specific disclosures for wage deductions under state labor law, which must be included in employment contracts.
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The state enforces unique anti-discrimination provisions, including additional protections based on sexual orientation and gender identity.
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New Mexico imposes special requirements regarding meal and rest breaks, which must be accurately reflected in employment agreements.
Frequently Asked Questions (FAQ)
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Q: Is an employment contract mandatory for HR generalists in New Mexico?
A: No, but a written contract clarifies terms and protects both parties. New Mexico law does not require written contracts for most employment.
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Q: Does New Mexico require specific clauses in HR employment contracts?
A: Yes. Contracts should comply with state wage laws, anti-discrimination rules, and address state-specific employee protections.
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Q: Can probation periods be included in HR generalist contracts in New Mexico?
A: Yes, probation periods are permitted. However, contract terms must not conflict with New Mexico’s employment laws or public policy.
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New Mexico HR Generalist Employment Contract
This New Mexico HR Generalist Employment Contract (the "Agreement") is made and entered into as of [Date], by and between [Employer Name], a [State] corporation with its principal place of business at [Employer Address] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee").
Position
Option A: The Employer hereby employs the Employee as a full-time HR Generalist.
Option B: The Employer hereby employs the Employee as a full-time Senior HR Generalist.
Job Duties: As HR Generalist, Employee’s duties include, but are not limited to:
- Employee onboarding and offboarding.
- Administering benefits and payroll.
- Maintaining personnel files in compliance with New Mexico law.
- Handling employee relations issues.
- Ensuring compliance with federal and New Mexico labor laws.
- Coordinating training programs.
- Drafting and enforcing HR policies.
- Managing FMLA, military, and New Mexico-specific leave requests.
- Overseeing workplace investigations.
- Supporting managers on performance management and disciplinary procedures.
- Acting as a point of contact for EEO-related complaints and investigations.
Compliance Responsibilities: Including the New Mexico Human Rights Act, Healthy Workplaces Act, Minimum Wage Act, and other applicable ordinances.
Required Skills: Experience with HR information systems (HRIS) such as [HRIS System Name] and possessing HR certifications (e.g., SHRM-CP/SCP, HRCI-PHR/SPHR) is [Required/Preferred].
Reporting: Employee will report to the [HR Director/COO/Other].
Work Location and Travel
Option A: The Employee’s primary work location will be at [Company Headquarters Address].
Option B: The Employee’s primary work location will be at [Branch Office Address].
Travel: The Employee [will/will not] be required to travel within New Mexico. If required, such travel will be reimbursed according to company policy.
Remote Work: The Employee [is/is not] permitted to work remotely, subject to Employer's remote work policy. If remote work is permitted, it is subject to the employer maintaining state tax nexus compliance in New Mexico.
Employment Status and Hours
Employment Status: The Employee’s employment is full-time.
Weekly Hours: The Employee is expected to work approximately [Number] hours per week.
Lunch and Rest Breaks: The Employee will receive breaks in accordance with New Mexico law.
Overtime: The Employee is [Exempt/Non-Exempt] from overtime pay as defined by the FLSA and New Mexico law. Non-exempt employees will be paid overtime at a rate of one and one-half times their regular rate of pay for all hours worked over 40 in a workweek.
Working Off-the-Clock: Working off-the-clock is strictly prohibited.
Compensation
Base Salary: The Employee’s base salary will be [Dollar Amount] per [Year/Pay Period], payable [Bi-Weekly/Semi-Monthly].
Pay Period and Method: The Employee will be paid [Bi-Weekly/Semi-Monthly] via [Direct Deposit/Check].
Overtime Pay: Overtime, if applicable, will be paid in accordance with New Mexico law.
Bonus/Merit Increases: The Employee may be eligible for performance-based bonuses or merit increases, subject to company policy and performance evaluations.
Payroll Deductions: Allowable payroll deductions will be made in accordance with New Mexico law. Voluntary deductions will require the Employee’s written consent.
Benefits
Medical, Dental, and Vision Insurance: The Employee will be eligible for medical, dental, and vision insurance coverage, subject to the terms and conditions of the Employer’s plans. Employer ensures ACA compliance.
Life and Disability Insurance: The Employee will be eligible for life and disability insurance coverage, subject to the terms and conditions of the Employer’s plans.
Retirement Plan: The Employee will be eligible to participate in the Employer's [401(k)/Other Retirement Plan] plan, subject to the plan’s terms and conditions.
Paid Time Off (PTO)/Vacation: The Employee will accrue PTO/vacation time according to the Employer's policy, accruing [Number] days per year.
Paid Sick Leave: The Employee will accrue paid sick leave in compliance with the New Mexico Healthy Workplaces Act.
Paid Holidays: The Employee will be entitled to [Number] paid holidays per year, as designated by the Employer.
Other Benefits: Other benefits may include [Wellness Programs/Tuition Reimbursement/Other], subject to the Employer's policies.
Eligibility, Accrual, Carryover, and Forfeiture: All benefits are subject to eligibility requirements, accrual rates, carryover limitations, and forfeiture rules as outlined in the Employer's benefit plans and in accordance with New Mexico law.
Confidentiality
The Employee agrees to hold confidential all personnel data, business information, employee and applicant records in compliance with New Mexico privacy laws and HIPAA (if applicable).
Data Security: The Employee agrees to adhere to the Employer’s data security protocols.
Non-Competition and Non-Solicitation
Option A: Non-Competition: Due to the Employee’s role in HR, a non-compete agreement is [Not Required/Required]. Note: enforceability is limited in New Mexico, especially in the health industry.
Option B: Non-Solicitation: The Employee agrees not to solicit employees or clients of the Employer for a period of [Number] months following termination of employment.
Confidentiality and Non-Disparagement: The Employee agrees to maintain the confidentiality of the Employer’s information and to refrain from disparaging the Employer.
At-Will Employment and Termination
At-Will Employment: The Employee’s employment is at-will, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law.
Voluntary Resignation: The Employee agrees to provide [Number] weeks' written notice of resignation.
Employer-Initiated Termination: The Employer reserves the right to terminate the Employee’s employment at any time, with or without cause, subject to applicable law.
Final Pay: The Employee’s final wages will be paid in accordance with the New Mexico Wage Payment Act.
Return of Company Property: Upon termination of employment, the Employee agrees to return all company property.
Anti-Discrimination and Harassment
The Employer is committed to providing a work environment free of discrimination and harassment in violation of the New Mexico Human Rights Act.
Prohibited conduct includes discrimination based on race, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, spousal affiliation, age, physical or mental handicap or serious medical condition, and pregnancy.
Reporting and Investigation: The Employee agrees to report any incidents of discrimination or harassment and cooperate fully with any investigation.
Compliance with Policies and Laws
The Employee agrees to comply with all of the Employer’s policies and procedures, including codes of conduct, HR professional standards, and training requirements.
The Employee will maintain accurate and ethical handling of employee relations and investigations.
The Employee will participate in internal audits and investigations.
Dispute Resolution
The Employer and Employee agree to first attempt to resolve any disputes internally.
If internal resolution is not possible, the parties agree to [Mediation/Arbitration].
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico.
Jurisdiction: Any legal action arising out of or relating to this Agreement shall be brought in the state or federal courts located in [County], New Mexico.
Workers’ Compensation, Unemployment Insurance, and Workplace Safety
The Employer will maintain workers’ compensation insurance coverage for the Employee in accordance with New Mexico law.
The Employer will pay unemployment insurance taxes as required by New Mexico law.
The Employer will maintain a safe workplace in compliance with OSHA regulations.
Background Checks and Eligibility Verification
This offer of employment is contingent upon the successful completion of [Drug Screening/Background Check/I-9 Verification].
The Employee must provide documentation establishing eligibility to work in the United States as required by federal law.
Amendment, Severability, and Entire Agreement
This Agreement may be amended only by a written instrument signed by both parties.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
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.
Diversity, Equity, and Inclusion
The Employer is committed to diversity, equity, and inclusion in all HR practices.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Employer Name]
By: [Employer Representative Name]
Title: [Employer Representative Title]
[Employee Name]
Signature: ____________________________
Date: ____________________________