New Mexico retail sales associate employment contract template

New Mexico Retail Sales Associate Employment Contract

This Full-Time Retail Sales Associate Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between:

• [Employer Name], a [State] [Business Type] with a principal place of business at [Employer Address] (“Employer”), and
• [Employee Name], residing at [Employee Address] (“Employee”).

1. Job Title and Duties:

• The Employee is hired as a Retail Sales Associate.
• The Employee's duties include, but are not limited to:
  • Welcoming customers and providing excellent customer service.
  • Answering product questions and providing product information.
  • Restocking shelves and managing inventory.
  • Processing cash and card transactions accurately.
  • Handling returns and exchanges in accordance with store policy and New Mexico regulations.
  • Setting up and maintaining merchandise displays.
  • Conducting daily opening and closing procedures.
  • Maintaining store cleanliness and safety.
  • Operating point-of-sale (POS) systems.
• The products sold include [Product Categories and Brands].
• Employee will follow all store policies for handling cash, checks, credit cards, and electronic transactions, complying with New Mexico retail data privacy requirements.

2. Reporting Structure and Communication:

• The Employee will report to [Supervisor Name], or in their absence, [Alternate Supervisor Name].
• Regular communication requirements include:
  • Option A: Daily shift check-ins with the supervisor.
  • Option B: Weekly team sales meetings.
  • Option C: Both daily shift check-ins and weekly team sales meetings.

3. Employment Status and Work Schedule:

• The Employee is hired as a full-time employee.
• The standard work week is [Number] hours per week.
• Shift scheduling practices are as follows: [Describe Shift Scheduling Practices, including evening, weekend, or holiday shifts].
• Time and attendance will be tracked using [Method of Time and Attendance Tracking].

4. Overtime:

• Overtime will be paid in accordance with New Mexico law.
• Overtime will be compensated at a rate of one and one-half (1.5) times the Employee’s regular hourly rate for all hours worked over forty (40) in a workweek.
• Option A: Overtime requires prior approval from [Supervisor Name].
• Option B: Overtime is permitted only under emergency circumstances, as determined by [Supervisor Name].

5. Wage and Payment:

• The Employee’s hourly base rate is [Dollar Amount].
• Pay frequency is [Frequency of Payment, e.g., bi-weekly].
• Method of wage payment:
  • Option A: Direct deposit to [Employee's Bank Name], account number [Employee's Bank Account Number].
  • Option B: Check.
• The Employer will comply with all applicable New Mexico minimum wage laws.
• Option A: The Employee is eligible for commissions based on [Commission Structure Details].
• Option B: The Employee is eligible for sales incentives based on [Sales Incentive Details].
• Option C: The Employee is eligible for individual/group bonuses based on [Bonus Structure Details].

6. Benefits:

• The Employee is eligible for the following benefits, subject to the terms and conditions of the applicable benefit plans:
  • Option A: Health insurance.
  • Option B: Dental insurance.
  • Option C: Vision insurance.
  • Option D: 401(k) or other retirement plan.
  • Option E: Paid time off (PTO) at an accrual rate of [Accrual Rate].
  • Option F: Sick leave in accordance with the New Mexico Healthy Workplaces Act.
    • Accrual rate: [Accrual Rate].
    • Carryover policy: [Carryover Policy].
  • Option G: Paid holidays: [List of Paid Holidays].
  • Option H: Employee discount of [Percentage].
  • Option I: Uniform allowance of [Dollar Amount] per [Frequency].

7. Cash Register and Inventory Control:

• The Employee is responsible for maintaining accurate cash register records.
• The Employee is responsible for assisting with inventory control.
• The Employee will cooperate with asset protection protocols.
• The Employee will report any incidents of shoplifting or workplace accidents.

8. Training:

• The Employee is required to participate in retail sales training and product knowledge sessions.
• The Employee is required to obtain the following certifications: [List of Required Certifications, e.g., alcohol server certification].

9. Grooming and Dress Code:

• The Employee must adhere to the following grooming and dress code standards: [Detailed Description of Grooming and Dress Code].

10. Conduct:

• The Employee must adhere to the Employer’s anti-harassment and anti-discrimination policies, which are aligned with the New Mexico Human Rights Act.
• The Employer provides reasonable accommodations for employees with disabilities in accordance with New Mexico law and the ADA.
• Retaliation for lawful workplace complaints is strictly prohibited.

11. Confidentiality:

• The Employee must maintain the confidentiality of customer information, store pricing, promotional plans, and proprietary sales data.

12. Social Media and Personal Device Usage:

• The Employee’s use of social media and personal devices on the sales floor is governed by the following rules: [Describe Rules Regarding Social Media and Personal Device Usage].

13. Intellectual Property:

• Any original displays, marketing, or training content created by the Employee will be the property of the Employer.

14. Tip Handling:

• Option A: Tips are not permitted.
• Option B: Tips are permitted and will be handled according to the following tip pooling rules in compliance with New Mexico regulations: [Describe Tip Pooling Rules].

15. Compliance with Laws:

• The Employee agrees to comply with all applicable federal, state, and local labor laws, including the New Mexico Minimum Wage Act, wage theft prevention laws, and child labor standards (if applicable).

16. Probation Period:

• Option A: The Employee will be subject to a probation period of [Number] days.
  • Evaluation criteria: [List Evaluation Criteria].
  • Outcome: [Explain Outcomes of Probation Period, e.g., successful completion, extension, termination].
• Option B: There is no probation period.

17. 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 New Mexico law.

18. Termination:

• The Employee may resign by providing [Number] days’ written notice to the Employer.
• The Employer may terminate the Employee’s employment for cause, including but not limited to discipline, absenteeism, poor performance, or policy violations.
• In the event of a layoff, the Employer will provide notice as required by applicable law.
• Final wage payout will be made no later than five (5) days from termination, as required by New Mexico law.
• Upon termination, the Employee must return all store property to the Employer.

19. Schedule Changes and Availability:

• The Employer will provide reasonable notice of schedule changes and shift cancellations.
• The Employee must provide reasonable notice of changes to their availability.

20. Workplace Injuries:

• The Employee must report all workplace injuries to [Designated Person] immediately.
• The Employee is entitled to workers’ compensation coverage in accordance with the New Mexico Workers’ Compensation Act.

21. Dispute Resolution:

• Any disputes arising out of or relating to this Agreement will be resolved as follows:
  • Option A: Internal complaint process: [Describe Internal Complaint Process].
  • Option B: Mediation in [City, New Mexico].
  • Option C: Arbitration in [City, New Mexico].
• New Mexico law will govern the interpretation and enforcement of this Agreement.

22. Non-Solicitation and Confidentiality:

• The Employee agrees not to solicit the Employer’s customers or employees for a period of [Number] months following termination of employment.
• The Employee will continue to maintain the confidentiality of the Employer’s trade secrets and customer lists, as permitted by New Mexico law.
• This clause is intended to comply fully with all applicable New Mexico laws regarding non-compete agreements.

23. Performance Reviews:

• The Employee will receive performance reviews [Frequency of Performance Reviews].
• Performance reviews will be based on the following criteria: [List Performance Review Criteria].

24. Leave Policies:

• The Employee is eligible for jury duty leave, domestic abuse leave, and bereavement leave in accordance with New Mexico law.

25. Equal Opportunity Employment:

• The Employer is an equal opportunity employer and is committed to diversity and inclusion in the workplace. We will not discriminate against any employee or applicant for employment based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, marital status, disability, or any other characteristic protected by federal, state, or local law.

26. Acknowledgement:

• The Employee acknowledges that they have read, understood, and voluntarily sign this Agreement.

Signed this [Day] day of [Month], [Year].

____________________________
[Employer Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

____________________________
[Employee Name]