New Mexico warehouse worker employment contract template
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How New Mexico warehouse worker employment contract Differ from Other States
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New Mexico mandates overtime pay for warehouse workers once hours exceed 40 per week, following state and federal requirements.
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Employers must comply with New Mexico’s unique anti-discrimination laws, including specific state protections for warehouse employees.
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New Mexico requires disclosure of workers’ compensation rights in employment contracts, more explicitly than some other states.
Frequently Asked Questions (FAQ)
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Q: Are meal and rest breaks mandatory in New Mexico for warehouse workers?
A: New Mexico law does not require meal or rest breaks, but employers must follow their own policies if they provide breaks.
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Q: Is overtime pay required for warehouse workers in New Mexico?
A: Yes, New Mexico follows federal law, so overtime pay is required for hours worked over 40 per week.
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Q: What should be included in a New Mexico warehouse worker employment contract?
A: It should include wages, job duties, hours, overtime policies, anti-discrimination compliance, and worker’s compensation information.
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New Mexico Warehouse Worker Employment Contract
Effective Date: [Date]
Employer:
- Company Name: [Company Name]
- Address: [Company Address]
- Contact Person: [Contact Person]
- Title: [Contact Person Title]
- Phone: [Company Phone Number]
- Email: [Company Email Address]
Employee:
- Name: [Employee Name]
- Address: [Employee Address]
- Phone: [Employee Phone Number]
- Email: [Employee Email Address]
Position: Warehouse Worker
- Option A: General Warehouse Worker
- Option B: Specialized Warehouse Worker (specify area): [Specialized Area]
Job Duties:
- Receiving, loading, and unloading merchandise.
- Sorting and shelving inventory.
- Operating material handling equipment (forklifts, pallet jacks – training provided).
- Picking, packing, and shipping orders.
- Maintaining inventory accuracy.
- Completing shipping and receiving documentation.
- Cleaning and organizing warehouse areas.
- Adhering to all safety and hazardous materials procedures.
- Other duties as assigned.
Compliance with Regulations:
- Compliance with all applicable federal OSHA and New Mexico Occupational Health and Safety Bureau (OHSB) warehouse regulations.
- Requirement to participate in mandatory safety programs, including injury and illness prevention.
- Use of required personal protective equipment (PPE).
- Prompt reporting of all incidents and accidents.
- Agreement to follow all hazardous materials procedures, including HAZWOPER training where applicable.
Worksite Location:
- Primary Worksite Address: [Warehouse Address in New Mexico]
- Option A: Travel to off-site storage locations may be required.
- Option B: Multi-site coverage may be required.
- Option C: Delivery-related duties may be required.
Employment Type and Hours:
- Full-time Employment.
- Standard Weekly Hours: [Number of Hours]
- Shift Schedule: [Day/Evening/Night/Rotating]
Overtime Policy:
- Option A: Overtime required as needed, subject to New Mexico law.
- Option B: Overtime is not anticipated, but may be required in exceptional circumstances.
Overtime Rate: 1.5 times the regular hourly rate for hours worked over 40 in a workweek, per NMSA 1978, § 50-4-22.
Sunday/Holiday Premium Pay:
- Option A: Time and a half for work on Sundays and Holidays.
- Option B: No premium pay for work on Sundays or Holidays.
- Option C: Other (specify): [Specify Sunday/Holiday Premium Pay Policy]
Rest and Meal Breaks: Breaks provided in accordance with standard industry practices in New Mexico.
Compensation:
- Hourly Wage: [Hourly Wage] (Complies with the New Mexico Minimum Wage Act and any applicable local ordinances).
- Overtime Pay: 1.5 times the regular hourly rate for hours worked over 40 in a workweek.
- Pay Cycle: [Biweekly/Weekly]
- Method of Payment: [Direct Deposit/Check]
Performance Bonuses/Incentives:
- Option A: Eligible for performance bonuses based on warehouse KPIs (accuracy, productivity, safety). Details in separate bonus plan document.
- Option B: No performance bonuses offered.
- Option C: Other (specify): [Specify Bonus/Incentive Structure]
Benefits:
Medical Insurance:
- Option A: Medical insurance provided. Enrollment details provided separately.
- Option B: No medical insurance provided.
Dental Insurance:
- Option A: Dental insurance provided. Enrollment details provided separately.
- Option B: No dental insurance provided.
Vision Insurance:
- Option A: Vision insurance provided. Enrollment details provided separately.
- Option B: No vision insurance provided.
Retirement Plan:
- Option A: 401(k) plan offered. Details provided separately.
- Option B: No retirement plan offered.
Paid Time Off (PTO): [Number] days per year, accrued according to company policy.
Vacation Leave: Included in PTO or [Number] days separate.
Sick Leave: Accrued and used in accordance with the Healthy Workplaces Act (NMSA 1978, § 50-17-1 et seq.).
Leave for Jury Duty, Voting, Bereavement, and Military Service: Provided as required by New Mexico statutes.
Warehouse-Related Benefits:
- Option A: Steel-toed boots provided/reimbursed up to [Dollar Amount].
- Option B: PPE provided.
- Option C: Transportation stipend of [Dollar Amount] per week.
- Option D: Shift meal allowance of [Dollar Amount] per shift.
- Option E: Uniforms provided.
- Option F: Employee Assistance Program (EAP) available.
- Option G: Other: [Specify Other Benefits]
Workers’ Compensation:
- Coverage provided as required by New Mexico law.
- Procedure for reporting workplace injuries: Report immediately to supervisor. Details on accessing coverage provided separately.
At-Will Employment:
Employment is at-will, meaning either party may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law.
Termination and Separation:
- Voluntary Separation: Employee must provide [Number] days written notice.
- Company-Initiated Termination: Company reserves the right to terminate employment.
- Layoffs: May occur based on business needs.
Final Paycheck: Issued within five days or on the next regular payday, per NMSA 1978, § 50-4-4.
Return of Property: Employee must return all company property (uniforms, access badges, etc.) upon termination.
Grievance Procedures:
- Procedure for reporting unsafe conditions or labor issues: Report to supervisor or HR department.
- Protection from retaliation for reporting safety concerns or violations, in compliance with whistleblower protections (NMSA 1978, §§ 50-9-25 and § 50-17-16).
Anti-Discrimination and Equal Employment Opportunity:
- Equal employment opportunity provided regardless of race, gender, age, physical or mental disability, sexual orientation, gender identity, national origin, religion, or veteran status, in accordance with federal and New Mexico Human Rights Act.
- Prohibition of harassment of any kind.
- Compliance with posting obligations and reporting channels for discrimination or harassment.
Code of Conduct:
- Compliance with inventory control procedures.
- Prohibition of theft or property damage.
- Drug-free workplace policy (including compliance with New Mexico cannabis laws while ensuring safe equipment operation).
- Punctuality and attendance requirements.
- Respectful treatment of coworkers and company property.
- Proper use of company vehicles and equipment.
- Zero tolerance for workplace violence.
Confidentiality:
- Protection of sensitive inventory, customer data, company logistics processes.
- Confidentiality of proprietary systems and technology.
- Restrictions on use of personal devices, photography, or social media on premises.
Union Membership (If Applicable):
- Option A: This is a non-union environment.
- Option B: This is a union environment covered under a collective bargaining agreement with [Union Name].
- Option C: Dues checkoff agreements in place.
Training Requirements:
- Mandatory workplace safety training.
- Hazardous material handling training (HAZWOPER if required).
- Equipment certification (forklift, pallet jack, etc.).
- Emergency response training.
- Food safety training (if applicable).
Dispute Resolution:
Stepwise approach from internal resolution to New Mexico-based mediation, arbitration, or litigation.
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 courts of New Mexico.
Compliance:
This contract reflects compliance with all New Mexico State Department of Workforce Solutions regulations and prevailing industry practices for warehouse operations.
Agreement:
Employee Signature: ____________________________ Date: [Date]
Employer Signature: ____________________________ Date: [Date]