New York accountant employment contract template
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How New York accountant employment contract Differ from Other States
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New York State mandates specific wage notice requirements and annual salary disclosures in accountant contracts, unlike many other states.
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Non-compete clauses in New York are more strictly scrutinized for reasonableness and necessity compared to several other jurisdictions.
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Accountants in New York must comply with unique state continuing education and professional licensing provisions referenced in employment contracts.
Frequently Asked Questions (FAQ)
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Q: Does a New York accountant contract require wage notice disclosures?
A: Yes. New York law requires employers to provide detailed wage notice information to accountants at hiring and annually.
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Q: Can a New York accountant employment contract include a non-compete clause?
A: Yes, but the clause must be reasonable in scope, duration, and geographic reach to be enforceable under New York law.
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Q: Are specific state qualifications referenced in the New York accountant employment contract?
A: Yes, New York contracts often reference state CPA licensing and ongoing education requirements for compliance.
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New York Accountant Employment Contract
This New York Accountant Employment Contract (the "Agreement") is made and entered into as of [Date], by and between [Employer Full Legal Name], located at [Employer Address] ("Employer"), and [Employee Full Legal Name], residing at [Employee Address] ("Employee").
1. Position and Duties
Option A: Full-Time Accountant
Option B: Senior Accountant
Option C: Staff Accountant
The Employee is hired as a [Accountant Position] and will report to [Supervisor's Name and Title]. The Employee will primarily work in [Department Name].
The Employee’s duties include, but are not limited to:
- Preparing financial statements in accordance with GAAP.
- Performing general ledger accounting and reconciliations.
- Managing payroll processes and ensuring compliance with NYS labor laws.
- Handling accounts receivable and accounts payable.
- Conducting internal audits and risk assessments.
- Preparing and filing federal, New York State, and New York City tax returns.
- Ensuring compliance with Generally Accepted Accounting Principles (GAAP).
- Supporting financial planning and analysis activities.
- Assisting with regulatory reporting requirements.
- Coordinating annual audits with external auditors.
- Maintaining required documentation for NYS and NYC regulatory agencies.
- Participating in month-end and year-end closing processes.
- Maintaining required documentation for NYS and NYC regulatory agencies.
- Other duties as assigned.
The employee is expected to have proficiency in [List Accounting Software, e.g., QuickBooks, SAP, Oracle]. Familiarity with New York local tax codes, sales/use tax regulations, and business registration requirements is required.
2. Work Location and Hours
Option A: Primary work location is [Address of New York City Headquarters].
Option B: This position may require work at multiple worksites within New York State.
Option C: This position is eligible for a [Remote/Hybrid] work arrangement as per the Employer's policy.
The Employee is a full-time employee and is expected to work [Number] hours per week. The standard work schedule is [Days of the week], from [Start Time] to [End Time]. Overtime work may be required, subject to the Employer’s approval and applicable New York State labor laws. Overtime will be compensated at a rate of 1.5 times the Employee’s regular hourly rate for hours worked over 40 in a workweek. The employee will adhere to New York break period requirements. [Specify any "busy season" requirements or blackout periods].
3. Compensation and Benefits
Option A: Base Salary
Option B: Commission plus Base Salary
Option C: Hourly Wage
The Employee's annual base salary is [Dollar Amount], payable [Payment Frequency, e.g., bi-weekly, semi-monthly] in accordance with New York Labor Law.
- Option A: Employee is eligible for a performance-based bonus with a target of [Percentage]% of their annual salary. Bonus payment to be determined by meeting specific individual and company-wide objectives.
- Option B: Employee is eligible for profit-sharing under the terms outlined in [Reference document, e.g., Profit Sharing Plan].
- Option C: Employee is eligible for a [Dollar Amount] bonus upon obtaining their CPA license.
The employee is eligible for annual merit increases based on performance reviews and company policy.
The Employee is eligible for the following benefits:
- New York Paid Family Leave benefits.
- New York statutory short-term disability benefits.
- Health, dental, and vision insurance coverage as outlined in the Employer’s benefits plan.
- HSA/FSA options.
- Commuter benefits (if applicable).
- Paid vacation and sick leave in accordance with the NYC Earned Safe and Sick Time Act and Employer policy.
- [Number] paid holidays per year, including [List specific holidays].
- Reimbursement for CPA exam fees and CPE (Continuing Professional Education) expenses up to [Dollar Amount] per year, subject to Employer’s policy and aligned with NYS continuing professional education requirements.
- Reimbursement for professional dues for membership in the NY State Society of CPAs or relevant industry groups, subject to Employer’s policy.
- 401(k) plan with [Employer Matching Contribution Details].
4. Confidentiality
The Employee acknowledges that they will have access to confidential information, including client financial data, trade secrets, business records, social security numbers, account numbers, tax identification information, non-public financials, and other sensitive personal or company information. The Employee agrees to maintain the confidentiality of all such information in accordance with the NY SHIELD Act, GLBA, and other applicable laws and regulations.
5. Ownership of Work Product
All work product created by the Employee during their employment, including accounting reports, spreadsheets, internal audit documentation, custom process improvements, or tax strategies, shall be the sole property of the Employer. The Employee agrees to assign all rights, title, and interest in such work product to the Employer. All financial and tax records will be retained or destroyed as per New York legal requirements.
6. Compliance with Laws and Regulations
The Employee agrees to comply with all applicable laws and regulations, including those governing accountants, such as the New York State Education Department licensing requirements, the ethics standards set by the NY State Board of Accountancy, Sarbanes-Oxley (if applicable), Dodd-Frank Act (if applicable), New York State Department of Labor regulations, and NYS Department of Taxation and Finance policies.
7. Conflict of Interest
The Employee agrees to disclose any potential conflicts of interest, including personal or related-party financial interests, outside employment, or consulting engagements that could potentially conflict with the interests of the Employer. The Employee shall not use confidential client/company information for personal gain.
8. Anti-Discrimination and Harassment
The Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age, disability, genetic information, military status, caregiver status or any other characteristic protected by applicable federal, state, or local law, including the NYS Human Rights Law and NYC Human Rights Law.
9. Electronic Communication and Document Retention
The Employee agrees to adhere to the Employer's policies on electronic communication, document retention, and data security. The Employee shall not use or disclose confidential financial or tax data without authorization and must securely handle NY tax filings. Data breach reporting must comply with the SHIELD Act.
10. Ethical Accounting Practice
The Employee is expected to adhere to the AICPA and NYSSCPA Codes of Professional Conduct. The Employee agrees to participate in annual ethics training and report any suspected misconduct or fraud, with whistleblower protections as aligned with NY Labor Law and Sarbanes-Oxley (if applicable).
11. Termination
Option A: At-Will Employment
Option B: Termination with Cause
This is an at-will employment agreement, and either party may terminate the employment relationship at any time, with or without cause and with or without notice, consistent with New York law.
For termination with cause, the Employer may terminate the Employee's employment immediately for financial mismanagement, fraudulent activity, CPA license suspension, or other serious misconduct.
Upon termination, the Employee will receive their final wage payment on or before the next scheduled payday, payout of accrued PTO in line with company policy and NYS law, and return or destroy all confidential materials and company-owned equipment.
12. Non-Solicitation and Non-Compete
To the extent permitted by New York law, the Employee agrees not to solicit the Employer’s employees or customers for a period of [Number] months following termination of employment. [Specify any non-compete restrictions, ensuring they are narrowly tailored and comply with NY law.].
13. Continuing Obligations
The Employee's obligations regarding confidentiality, protection of proprietary information, and non-disparagement shall survive the termination of this Agreement.
14. Dispute Resolution
Any disputes arising out of or relating to this Agreement shall be resolved through internal grievance processes, mediation, or arbitration, as agreed upon by both parties. The governing law and venue for any legal action shall be the State of New York, and venue in New York County where practical.
15. Required Postings and Policy Acknowledgments
The Employee acknowledges receipt of the following policies:
- Sexual Harassment Prevention Policy
- Whistleblower Policy
- Meal Period Waiver (if applicable)
- Annual Wage Notice provided at hire pursuant to the NYS Wage Theft Prevention Act
16. Employee Representations and Warranties
The Employee represents and warrants that they are in good standing and possess a valid CPA license (if required). The Employee agrees to notify the Employer of any professional misconduct allegations, CPE shortfall, or license status changes.
17. Background Check and Verification
The Employee consents to a background check, credit check, and licensing verification as permitted under New York law.
18. Amendment and Severability
This Agreement may be amended only in writing with mutual consent. 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]
____________________________
[Employee Full Legal Name]
Employee Signature