New Mexico IT assistant employment contract template
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How New Mexico IT assistant employment contract Differ from Other States
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New Mexico's employment contracts must adhere to unique state wage and hour laws, which differ from many other states.
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State law prohibits certain non-compete clauses in employment contracts, which may not apply in other jurisdictions.
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New Mexico mandates specific anti-discrimination provisions reflecting the state’s Human Rights Act within employment agreements.
Frequently Asked Questions (FAQ)
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Q: Is an employment contract required for IT assistants in New Mexico?
A: It is not legally required, but a written contract is highly recommended to clarify terms and protect both parties.
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Q: Can non-compete clauses be included in New Mexico IT assistant contracts?
A: In most cases, non-compete clauses are restricted, especially for lower-wage or non-executive roles.
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Q: Does the contract need to mention specific New Mexico labor laws?
A: Yes, referencing state-specific wage, hour, and discrimination laws is advisable for legal compliance.
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New Mexico IT Assistant Employment Contract
Contract Title: New Mexico IT Assistant Employment Contract
Signing Date: [Date]
Parties:
Employer:
Full Legal Name: [Employer Full Legal Name]
Contact Information: [Employer Address], [Employer Phone Number], [Employer Email]
Employee:
Full Legal Name: [Employee Full Legal Name]
Contact Information: [Employee Address], [Employee Phone Number], [Employee Email]
Position: IT Assistant
Job Responsibilities:
End-user support (Option A: In-person, Option B: Remote, Option C: Both)
Routine troubleshooting
Installation and maintenance of hardware/software (Windows/Mac/Linux: [Specify])
Monitoring network and system health
Inventory management of IT assets
Setting up new accounts/devices
Executing approved updates/patches
Supporting cybersecurity protocols
Training/staff IT onboarding
Adhering to helpdesk response standards
Managing ticketing systems ([Specify ticketing system, e.g., ServiceNow])
Reporting chain: Supervisor: [Supervisor Name], IT Manager: [IT Manager Name]
Tools, Platforms, and Software:
Operating Systems: Windows/Mac/Linux ([Specify required OS skills])
Ticketing Systems: [Specify ticketing system, e.g., Jira, Zendesk]
Remote Access Software: [Specify remote access software, e.g., VPN, TeamViewer]
Asset Management Protocols: [Detail asset management protocols]
Physical and Digital Security:
Compliance with New Mexico Institutional Security Policies
Controlled access procedures
User password policies ([Detail password complexity requirements])
Secure disposal of devices
Handling of sensitive student/public record data (per NM statutes)
Work Location:
Principal Business Site: [Employer's Principal Business Address in New Mexico]
Remote Work/Field Support:
Procedures for remote work
Requirements for secure connections (VPN usage)
Handling of company equipment off-site
Compliance with New Mexico data privacy laws
Multiple sites: [List multiple sites and associated requirements]
Employment Type: Full-Time
Standard Work Hours: [Start Time] - [End Time]
Weekly Schedule: [Days of the Week]
Break/Meal Period Policies: Compliant with New Mexico labor standards
Overtime Pay:
Rate: 1.5x per New Mexico law
Eligibility for comp time/flex time: [Specify eligibility rules]
Timekeeping obligations: [Detail timekeeping procedures]
Compensation:
Annual/Hourly Wage: [Specify Annual Salary or Hourly Wage]
Pay Cycle: [Pay Period, e.g., Bi-weekly]
Payment Method: (Option A: Direct Deposit, Option B: Check)
Overtime Payment Structure: As per New Mexico law
Eligibility for Performance Incentives: [Detail incentive plan, if any]
Pay Raises: [Specify review process and criteria]
Benefits:
Health, dental, and vision insurance
Participation in New Mexico PERA (if applicable)
Employee assistance programs
Paid vacation/sick/holiday leave (per NM statute)
Paid time off policies
Training reimbursement (for IT certifications: CompTIA, Microsoft, Cisco, etc.)
On-call/standby pay (if required: [Specify terms])
Company policy on professional development
Intellectual Property:
Ownership of scripts, databases, workflows, documentation, or automation tools developed on the job belongs to the employer.
Outside IT activities, consulting, and freeware/open-source contributions: [Specify restrictions to prevent conflicts of interest]
Confidentiality and Data Security:
Obligations in relation to protected health information, customer data, and employer systems (governed by the New Mexico Data Breach Notification Act)
Password and credential management requirements
Compliance:
Adherence to local, state, and federal regulations, including FERPA, HIPAA (if applicable), and NM-specific statutes on data privacy, cybersecurity, and public records retention.
Behavioral Standards:
Compliance with employer IT policies
Procedures for reporting security incidents
Restriction on use of unauthorized devices or software
Acceptable use of the internet and email systems
Participation in security trainings
Remote Work/Telecommuting Rules:
Specific rules related to employer systems
Employee's home network security requirements
Background Checks:
Possibility of background checks, reference checks, and fingerprinting (as required for sensitive IT roles under NM law or school district policies)
At-Will Employment:
Employment is at-will per New Mexico law (unless otherwise specified by a collective bargaining agreement).
Termination:
Procedures and grounds for termination
Required notice (if any)
Final pay (to be issued within five days after separation per NM law)
Process for return of employer equipment/assets/codes
Revocation of system access
Unemployment Insurance:
Eligibility for unemployment insurance under New Mexico rules
Anti-Discrimination and Equal Opportunity:
Compliance with New Mexico Human Rights Act (race, color, religion, national origin, ancestry, sex, age, physical/mental handicap, sexual orientation, gender identity, spousal affiliation).
Reasonable Accommodation:
Consistent with New Mexico law.
Post-Employment Restrictions:
Limitations and enforceability of any post-employment non-solicitation or non-disclosure clauses.
Dispute Resolution:
Encouragement of internal grievance procedures, mediation, and arbitration in New Mexico prior to any legal filing
Venue and law: New Mexico
Workers’ Compensation:
Coverage, occupational safety, and on-the-job injury reporting consistent with New Mexico Workers’ Compensation Act.
OSHA and Safety Regulations:
Compliance with OSHA and New Mexico’s safety regulations pertaining to IT equipment, workstation ergonomics, and screen time.
Employee’s Personal Data Handling:
Compliance with New Mexico privacy laws
Monitoring of Electronic Communications:
Explanation of any monitoring of electronic communications, data usage, or physical tracking, including notice and consent per New Mexico's legal parameters.
Data Breach Reporting:
Policies for reporting and responding to suspected data breaches or ransomware incidents under New Mexico Data Breach Notification Act.
Optional Elements:
Relocation Assistance: [Specify terms, if applicable]
Probationary/Training Period: [Specify duration and expectations, if applicable]
Acknowledgment:
Employee acknowledges receipt and acceptance of this contract.
Signatures:
Employer: ____________________________ Date: [Date]
Employee: ____________________________ Date: [Date]
Amendment:
This contract may be amended only by a written instrument signed by both parties.
