New Mexico office manager employment contract template

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How New Mexico office manager employment contract Differ from Other States

  1. New Mexico’s at-will employment doctrine is reinforced by state-specific case law, requiring clear contract language to modify at-will status.

  2. State law mandates compliance with New Mexico’s unique minimum wage and overtime requirements, which may differ from federal or other state laws.

  3. The contract should address New Mexico-specific anti-discrimination and labor regulations that extend protections beyond federal statutes.

Frequently Asked Questions (FAQ)

  • Q: Does this contract need to specify New Mexico’s minimum wage?

    A: Yes. The employment contract should reference New Mexico’s current minimum wage and any applicable local wage ordinances.

  • Q: Are non-compete clauses enforceable in New Mexico office manager contracts?

    A: Non-compete clauses are limited in New Mexico and must be reasonable in scope, geography, and duration to be enforceable.

  • Q: Is it necessary to include anti-discrimination provisions specific to New Mexico?

    A: Yes, as New Mexico law includes additional protected classes, it is important to reflect these in the employment contract.

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New Mexico Full-Time Office Manager Employment Contract

This New Mexico Full-Time Office Manager Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Employer Full Legal Name], a [State of Formation] [Entity Type] with its principal place of business at [Employer Physical Address], hereinafter referred to as “Employer,” and [Office Manager Full Legal Name], residing at [Office Manager Physical Address], hereinafter referred to as “Employee.”

1. Position

• The Employer hereby employs the Employee as a full-time Office Manager.

• The Employee accepts such employment and agrees to perform faithfully and diligently the duties as hereinafter set forth and to abide by all policies, rules, and regulations of the Employer.

2. Job Duties

• The Employee's primary duties shall include, but not be limited to:

• Option A: Supervision of administrative staff, including hiring, training, and performance management.

• Option B: Scheduling and calendar management for executives and office resources.

• Option C: Office supply procurement and vendor management, ensuring cost-effectiveness.

• Option D: Records and document retention as per New Mexico regulations and company policy.

• Option E: Oversight of billing and accounts payable/receivable processes.

• Option F: Basic HR tasks, including payroll administration, employee orientation, and compliance with employment posters and I-9 forms.

• Option G: Enforcing health and safety protocols and ensuring compliance with OSHA regulations.

• Option H: Facilities management, including maintenance and repairs.

• Option I: Incident reporting and documentation.

• Option J: Coordination of office technology and equipment maintenance.

• Option K: Ensuring compliance with federal, state, and local New Mexico laws affecting office operations.

3. Reporting Structure

• The Employee shall report directly to [Name of Supervisor], whose title is [Supervisor Title].

• The chain of command for decision-making and escalation procedures is as follows: [Detailed Chain of Command].

4. Work Location and Remote Work Policy

• The Employee's primary work location shall be the Employer's physical office located at [Employer Physical Address] in New Mexico.

• Option A: Remote work is not permitted for this position.

• Option B: Remote work may be permitted on a [Frequency] basis, subject to the Employer's remote work policy.

• The Employer's remote work policy includes provisions for:

• Secure access to company records.

• Protection of confidential information.

• Requirements for return to the office upon request.

5. Full-Time Status and Work Hours

• The Employee's position is full-time, requiring a minimum of [Number] hours per week.

• Option A: The standard work schedule is [Start Time] to [End Time], Monday through Friday.

• Option B: A flexible work schedule may be available, subject to approval by [Name of Supervisor].

• Requests for time off or schedule changes must be submitted at least [Number] days in advance.

6. Compensation and Wage & Hour Compliance

• The Employee shall be paid a [Annual Salary] annual salary or [Hourly Wage] hourly wage.

• Option A: The Employee is exempt from overtime pay under the Fair Labor Standards Act and the New Mexico Minimum Wage Act.

• Option B: The Employee is non-exempt and eligible for overtime pay at a rate of one and one-half (1.5) times their regular hourly rate for all hours worked over 40 in a workweek, in accordance with New Mexico law.

• The Employee shall be paid [Pay Frequency], and pay stubs will be provided in compliance with New Mexico law.

7. Additional Compensation

• Option A: The Employee may be eligible for an annual bonus based on performance, as determined by the Employer. The bonus amount and criteria will be communicated separately.

• Option B: The Employee is eligible for merit-based raises, subject to performance reviews and company policy.

• Option C: The Employee will receive a stipend of [Dollar Amount] per year for professional memberships or continuing education relevant to office management duties.

8. Employee Benefits

• The Employee is eligible for the following benefits, subject to the terms and conditions of the Employer's benefit plans:

• Health, dental, and vision insurance, with eligibility commencing after [Number] days of employment.

• Employer contributions to health insurance premiums will be [Percentage].

• The Employer will comply with COBRA regulations.

• 401(k) or other retirement plan with an employer match of [Percentage].

• Paid holidays, including the following New Mexico state-observed holidays: [List of Holidays].

• Vacation and sick leave, accrued in accordance with the New Mexico Healthy Workplaces Act.

• Accrual rates: [Vacation Accrual Rate], [Sick Leave Accrual Rate].

• Carryover rules: [Vacation Carryover Rules], [Sick Leave Carryover Rules].

• Paid and unpaid family and medical leave in accordance with federal and state law.

• Option: Tuition reimbursement for business administration courses, up to [Dollar Amount] per year.

• Option: Wellness stipend of [Dollar Amount] per year.

9. Confidentiality and Data Protection

• The Employee acknowledges that they will have access to confidential information, including but not limited to employee records, business financials, client lists, proprietary workflows, trade secrets, and third-party contracts.

• The Employee agrees to hold all such information in strict confidence and not to disclose it to any third party during or after employment, consistent with the New Mexico Uniform Trade Secrets Act.

10. Intellectual Property Ownership

• Any office systems, workflow manuals, process documentation, or training materials developed by the Employee during their employment shall be the exclusive property of the Employer, subject to New Mexico law.

11. Anti-Discrimination and Harassment Policy

• The Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, genetic information, or any other characteristic protected by law, in compliance with the New Mexico Human Rights Act.

• The Employer has a zero-tolerance policy for harassment. Any incidents of harassment should be reported immediately to [Designated Contact Person].

12. Workplace Compliance

• The Employee shall ensure compliance with all applicable New Mexico workplace posting requirements, OSHA regulations, and emergency evacuation plans.

• The Employee shall attend all mandatory safety and compliance training sessions.

13. Workplace Conduct

• The Employee shall maintain a professional demeanor, adhere to the Employer's phone and email etiquette policies, and comply with the dress code.

• The Employee shall avoid conflicts of interest and adhere to the Employer's policies regarding the use of office resources and purchasing authority.

• The Employee shall maintain accurate records as mandated by New Mexico law.

14. Vehicle Use and Expense Reimbursement

• Option A: The Employee is not required to use their personal vehicle for work purposes.

• Option B: If the Employee is required to use their personal vehicle for work purposes, they must maintain valid insurance and a driver's license.

• The Employee will be reimbursed for mileage in accordance with IRS and New Mexico taxation rules, upon submission of proper documentation.

• The Employee will be reimbursed for other work-related expenses upon submission of receipts and proper documentation.

15. Background Checks and Eligibility

• Option A: Employment is contingent upon the successful completion of a background check and drug screening.

• Option B: The Employee must maintain any required certifications or licenses necessary for their role in New Mexico.

• The Employee must be legally eligible to work in the United States.

16. Non-Compete, Non-Solicitation, and Non-Disparagement

• Option A: There is no non-compete agreement required for this position.

• Option B: The Employee agrees to the following non-compete, non-solicitation, and non-disparagement provisions, which are narrowly tailored to protect the Employer's legitimate business interests and comply with New Mexico law: [Detailed Provisions].

17. At-Will Employment and Termination

• 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, except as otherwise required by law.

• Option A: The Employee is required to provide [Number] days' written notice of resignation.

• Option B: The Employer may provide [Number] weeks of severance pay upon termination, subject to the Employee's execution of a release of claims.

• The Employee's final paycheck will be paid within five days of termination, as required by New Mexico statutes.

• Upon termination, the Employee shall return all company property and delete all access to company systems.

18. Dispute Resolution

• The parties agree to attempt to resolve any disputes arising out of or relating to this Agreement through good-faith negotiation.

• If negotiation fails, the parties agree to participate in mediation in [County Name] County, New Mexico, before resorting to litigation.

• This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico.

19. Workers’ Compensation

• The Employer maintains workers’ compensation insurance as required by New Mexico law.

• The Employee shall report any work-related illness or injury immediately to [Designated Contact Person].

20. Mandatory Training

• The Employee shall attend all mandatory training sessions, including anti-harassment, safety, and emergency preparedness training.

21. HIPAA Compliance (If Applicable)

• If the Employee manages medical records or HIPAA-regulated information, they will receive enhanced confidentiality and compliance training.

22. Industry-Specific Compliance (If Applicable)

• The Employee shall comply with all relevant industry-specific compliance requirements.

23. Data Privacy

• The Employee shall handle all digital and physical files securely and comply with New Mexico statutory requirements regarding the storage and destruction of personal information.

24. Language Access (Optional)

• Option: The Employer will provide language access, translation, or interpretation services as needed to serve diverse New Mexico populations.

25. Entire Agreement, Amendment, and Severability

• This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.

• 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.

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

[Employer Full Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Office Manager Full Legal Name]

Signature: ____________________________

Date: ____________________________

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