New Mexico office assistant employment contract template

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How New Mexico office assistant employment contract Differ from Other States

  1. New Mexico requires explicit inclusion of sick leave accrual and use policies due to the state's Healthy Workplaces Act.

  2. State law mandates disclosure of wage payment schedules and applicable overtime regulations for office assistants.

  3. Employment contracts in New Mexico must clarify anti-discrimination protections specific to state law, including sexual orientation.

Frequently Asked Questions (FAQ)

  • Q: Is an employment contract required for office assistants in New Mexico?

    A: Employment contracts are not legally required, but having one clarifies terms and protects both parties’ rights.

  • Q: What leave is mandated for office assistants in New Mexico?

    A: New Mexico’s Healthy Workplaces Act mandates paid sick leave accrual and use, which must be addressed in contracts.

  • Q: Are non-compete clauses enforceable for office assistants in New Mexico?

    A: Generally, New Mexico limits non-compete clauses, especially for lower-wage workers such as office assistants.

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New Mexico Office Assistant Employment Contract

This New Mexico Office Assistant Employment Contract ("Agreement") is made and effective as of [Date] by and between:

  • [Employer Full Legal Name], with a principal place of business at [Employer Physical Address], hereinafter referred to as "Employer," and
  • [Employee Full Legal Name], residing at [Employee Physical Address], hereinafter referred to as "Employee."

Employer Contact Details:

  • Phone: [Employer Phone Number]
  • Email: [Employer Email Address]

Employee Contact Details:

  • Phone: [Employee Phone Number]
  • Email: [Employee Email Address]
  • Emergency Contact Name: [Emergency Contact Name]
  • Emergency Contact Phone: [Emergency Contact Phone Number]

1. Position:

  • The Employer hires the Employee as a full-time Office Assistant.
  • Job Description: The Employee will perform the following duties:
    • Preparing documents, reports, and correspondence.
    • Scheduling appointments and managing calendars.
    • Performing data entry and maintaining databases.
    • Answering phones and greeting visitors (receptionist duties).
    • Handling incoming and outgoing mail and packages.
    • Managing office supplies and inventory.
    • Maintaining filing systems (physical and electronic).
    • Supporting department projects as needed.
    • Managing confidential files and information.
    • Interacting with clients and vendors.
    • Arranging meeting logistics, including catering and room setup.
    • Operating standard office equipment (multi-line phones, copiers, scanners).
    • IT Support: Assisting with basic troubleshooting, onboarding new staff, and software updates.
  • Required Skills: Proficiency in Microsoft Office Suite/Google Workspace; [Specific Software], Bilingual (English/Spanish) [If applicable]; [Industry-Specific Skills/Certifications].
  • Reporting Structure: The Employee will report to [Supervisor Name].
  • Collaboration: Frequent collaboration with supervisors, department teams, and cross-departmental contacts is required.

2. Work Location:

  • The primary work location is [Office Address in New Mexico].
  • On-site presence is required.
    • Occasional local travel for errands may be required.
    • Remote Work:
      • Option A: No remote work is permitted.
      • Option B: Remote work is permitted according to the Employer's Telecommuting Policy. [Link to/Reference Policy]
  • The Employee agrees to adhere to the Employer's facility security and data privacy practices specific to New Mexico.

3. Employment Status:

  • Full-time, non-exempt.
  • At-Will Employment: This is an at-will employment relationship as governed by New Mexico law. This means that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice. This Agreement does not create a contract for continued employment.
  • This Agreement is subject to the requirements of the New Mexico Department of Workforce Solutions.

4. Work Hours:

  • Regular work hours are [Start Time] to [End Time], Monday through Friday.
  • Weekly Schedule: [Example: 8:00 AM - 5:00 PM, Monday - Friday]
  • Break Periods: The Employee is entitled to break periods in accordance with New Mexico law and Employer policy.
  • Overtime: Overtime work requires prior authorization from the Employee’s supervisor and will be compensated in accordance with the federal Fair Labor Standards Act (FLSA) and New Mexico minimum wage/overtime rules.
  • Timekeeping: The Employee is responsible for accurately recording their work hours using [Timekeeping System: e.g., electronic time clock, paper timesheet].

5. Compensation:

  • Wage: The Employee will be paid at a rate of [Wage Amount] per [Hour/Year].
    • This position is classified as [Hourly/Salaried] based on duties and New Mexico law.
  • Overtime: Overtime will be calculated at one and one-half times the Employee's regular rate of pay for all hours worked over 40 in a workweek.
  • Payroll Cycle: Employees are paid on a [Frequency: e.g., bi-weekly, semi-monthly] basis.
  • Payment Method:
    • Option A: Direct Deposit.
    • Option B: Paycard.
  • Holiday Pay: The Employee is eligible for holiday pay for designated New Mexico and federal public holidays as specified in the Employer’s policy.
  • Bonus/Raise:
    • Option A: The Employee is eligible for performance bonuses as determined by the Employer.
    • Option B: The Employee is eligible for cost-of-living raises as determined by the Employer.
    • Option C: The Employee is not eligible for bonuses or raises at this time.

6. Employee Benefits:

  • The Employee is eligible for the following benefits, subject to the terms and conditions of the applicable plan documents:
    • Group Health Insurance: [Eligibility Details and Employer Contribution]
    • Dental Insurance: [Eligibility Details and Employer Contribution]
    • Vision Insurance: [Eligibility Details and Employer Contribution]
    • Retirement Plan: [Type of Plan: e.g., SIMPLE IRA, 401(k), New Mexico PERA; Eligibility Details and Employer Contribution]
    • Paid Vacation: [Accrual Rate and Usage Policy]
    • Accrued Sick Leave: In accordance with the New Mexico Healthy Workplaces Act. [Accrual Rate and Usage Policy]
    • Jury Duty Leave: As required by New Mexico law.
    • Bereavement Leave: [Number of Days and Policy]
    • Maternity/Paternity Leave: In accordance with applicable federal and state laws.
    • State-Mandated Leave: Including leave for victims of domestic violence, in accordance with New Mexico law.
    • Holidays: [List of Observed Holidays]
  • Benefit eligibility, documentation, and prorating are determined based on employee status and start date.

7. Wage Payment Requirements:

  • The Employer will comply with all New Mexico wage payment requirements, including providing wage notices, detailed pay stubs, and timely final paycheck payments.

8. Confidentiality and Data Security:

  • The Employee agrees to protect the confidentiality of sensitive information, including personnel records, client lists, company trade secrets, and any health or legal information.
  • Unauthorized dissemination of internal documents or third-party data is strictly prohibited.
  • If handling medical, financial, or legal data, the Employee will comply with all applicable New Mexico privacy laws and industry statutes.
  • [Reference any specific NM privacy laws or industry regulations]

9. Non-Solicitation:

  • Non-Solicitation:
    • Option A: The Employee agrees not to solicit the Employer's clients or employees for [Duration] following termination of employment.
    • Option B: This Agreement does not restrict the Employee’s future employment unless narrowly and lawfully tailored for trade secrets.
    • Option C: No non-solicitation clause applies to this Agreement.
  • The Employee acknowledges that enforceability of non-compete provisions in New Mexico is highly limited.

10. Conduct and Behavioral Expectations:

  • The Employee will adhere to the Employer's office dress code, punctuality standards, security protocols, phone/email/internet use policy, and professional interaction standards.
  • The Employee is required to report any instances of workplace harassment, violence, or safety threats.

11. Workplace Health and Safety:

  • The Employee will comply with all workplace health and safety rules, including OSHA and New Mexico Occupational Health and Safety statutes.
  • The Employee will report any workplace injuries or illnesses immediately.
  • The Employee is covered by New Mexico Workers’ Compensation insurance. [Include instructions for reporting injuries and filing claims.]

12. Anti-Discrimination and Anti-Harassment:

  • The Employer prohibits discrimination and harassment based on race, color, ancestry, national origin, sex, sexual orientation, gender identity, age, religion, disability, or spousal affiliation, as protected by federal and New Mexico law.
  • [Outline complaint and investigation protocols.]

13. Reasonable Accommodations:

  • The Employer will provide reasonable accommodations for disabilities in accordance with the Americans with Disabilities Act (ADA) and New Mexico law.

14. Modification:

  • This Agreement does not supersede or limit rights under New Mexico or federal employment statutes.
  • Any modifications to this Agreement must be made in writing and signed by both parties.

15. Discipline and Termination:

  • The Employer may discipline or terminate the Employee for cause, including workplace misconduct, theft, confidentiality breaches, or violations of safety policy.
  • Resignation: The Employee may resign from their position by providing [Number] weeks' written notice. (Note: Not mandatory due to At-Will Employment)
  • Termination: Upon termination, the Employee will return all keys, badges, equipment, files, passwords, and company property. The final wage payment will be made no later than five days after separation, in accordance with New Mexico law.
  • Deductions for lost or damaged items will be made in compliance with New Mexico wage laws.

16. Grievance Procedures:

  • [Outline complaint, grievance, and workplace conflict resolution procedures.]
  • Dispute Resolution: Internal resolution, optional mediation, and, if desired, arbitration.
    • New Mexico law and courts have jurisdiction over any disputes.

17. Acknowledgements:

  • The Employee acknowledges receipt of the Employer's employee handbook, mandatory training materials, and any industry-specific certifications.
  • [List any acknowledgements]

18. Advancement Opportunities:

  • Eligibility for job advancement, transfers, and promotion is at the Employer's discretion and subject to merit and business need.

19. Background Checks:

  • Employment is contingent upon successful completion of background checks, reference checks, and eligibility verification, in compliance with New Mexico and federal laws.
  • The Employee consents to these checks.
  • This Agreement is not valid until all checks and onboarding steps are completed.

20. Entire Agreement:

  • This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions and agreements, whether oral or written.
  • The Employee must be provided a signed copy in English (and Spanish if required by the workplace or requested), with acknowledgment of receipt and understanding.

21. Additional Terms:

  • [Optional/Adjustable elements: e.g., Flexible scheduling, remote work days, parking arrangements, wellness programs, tuition reimbursement, etc.]
    • [Document conditions of availability, eligibility, and administration under New Mexico law for each.]

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

____________________________

[Employer Full Legal Name]

By: [Employer Signature]

[Employer Printed Name and Title]

____________________________

[Employee Full Legal Name]

[Employee Signature]

[Employee Printed Name]

Date: [Date]

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