New York assembler employment contract template

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How New York assembler employment contract Differ from Other States

  1. New York mandates stricter paid sick leave requirements, which must be clearly addressed within assembler employment contracts.

  2. Wage theft prevention disclosures are legally required in New York, necessitating a separate notice and acknowledgment form.

  3. New York prohibits non-compete clauses for most employees, which must be reflected accurately in assembler employment agreements.

Frequently Asked Questions (FAQ)

  • Q: Is at-will employment recognized in New York assembler contracts?

    A: Yes, at-will employment is recognized, meaning either party may terminate employment at any time unless stated otherwise.

  • Q: Are meal breaks required in New York assembler employment contracts?

    A: Yes, state law requires at least a 30-minute meal break for shifts over six hours, which should be noted in the contract.

  • Q: Do New York assembler contracts have to include overtime provisions?

    A: Yes, overtime pay details must be included, as New York law sets specific requirements for hours worked over 40 per week.

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New York Assembler Employment Contract

This Full-Time Assembler Employment Agreement ("Agreement") is made and entered into as of [Date], by and between [Employer Legal Name], a [State] corporation with its principal place of business at [Employer Address] ("Employer"), and [Employee Full Legal Name], residing at [Employee Address] ("Employee").

1. Position and Job Duties

  • The Employer hereby hires the Employee, and the Employee accepts employment with the Employer, as an Assembler.
  • Employee's job duties will include, but are not limited to:
    • Option A: Physical assembly of components or products.
    • Option B: Operation of assembly line equipment.
    • Option C: Basic machine operation.
    • Option D: Quality inspection of assembled products.
    • Option E: Following assembly diagrams and specifications.
    • Option F: Use of hand and power tools.
    • Option G: Meeting production quotas as assigned.
    • Option H: Recording completed work and any defects.
    • Option I: Adhering to safety and operational protocols.
    • Option J: Maintaining a clean and organized work area.
    • Option K: Identifying and reporting part defects.
    • Option L: Collaborating with supervisors and quality control personnel.
  • The Employee acknowledges that the position requires physical labor, including lifting (up to [Weight] lbs), repetitive motion, and the use of personal protective equipment (PPE) as required.

2. Training and Certifications

  • The Employee is required to complete the following training and certifications:
    • Option A: OSHA [OSHA Number] hour training.
    • Option B: Lockout/Tagout procedures training.
    • Option C: Forklift operator certification (if applicable).
    • Option D: [Other specific training/certification].
  • The Employer will provide or reimburse the Employee for the cost of required training and certifications.

3. Reporting Structure

  • The Employee will report to [Supervisor Name], [Supervisor Title].
  • The Employee will work on [Shift Number] shift.
  • Technical questions should be directed to [Technical Contact Name].
  • Safety concerns should be reported to [Safety Contact Name].

4. Work Location

  • Option A: The Employee's primary work location is [Work Location Address].
  • Option B: The Employee may be required to work at multiple employer facilities located in New York.
  • Option C: The Employee may be required to rotate shifts between locations.
  • Option D: [Specific on-site/remote/site-transfer policies].
  • Option E: Transportation/parking arrangements: [Describe arrangements].

5. Employment Type and Work Hours

  • The Employee's employment is full-time.
  • The Employee's regular work hours are [Number] hours per week.
    • The Employee's regular shift is [Shift Description, e.g., First Shift (8:00 AM - 5:00 PM)].
    • The Employee's daily start time is [Start Time].
    • The Employee's daily end time is [End Time].
  • Mandatory Overtime:
    • The Employee may be required to work overtime as needed.
    • Overtime must be approved by [Overtime Approval Authority].
    • The Employer will provide as much advance notice of mandatory overtime as is reasonably possible.
  • Meal and Rest Breaks:
    • The Employee is entitled to a 30-minute unpaid lunch break for each workday exceeding six (6) hours, in compliance with New York Labor Law.
    • The Employee is entitled to [Number] paid rest breaks of [Duration] minutes each.

6. Compensation

  • Option A: The Employee's hourly wage is [Dollar Amount] per hour.
  • Option B: The Employee's annualized salary is [Dollar Amount].
  • The Employee will be paid [Payment Method: e.g., direct deposit].
  • The Employee will be paid [Payment Frequency: e.g., weekly].
  • Overtime will be paid at a rate of one and one-half (1.5) times the Employee's regular rate of pay for all hours worked over forty (40) in a workweek, as required by New York law.
  • Shift Differential:
    • Option A: The Employee will receive a shift differential of [Dollar Amount] for working [Shift: e.g., second shift].
    • Option B: No shift differential will be paid.
  • Bonus:
    • Option A: The Employee may be eligible for a merit-based bonus, the terms of which will be determined by the Employer in its sole discretion.
    • Option B: The Employee may be eligible for a production bonus based on the following criteria: [Criteria for Bonus].
    • Option C: No bonus will be paid.
  • Allowances:
    • Option A: The Employer will provide uniforms.
    • Option B: The Employer will reimburse the Employee for the cost of uniforms up to [Dollar Amount] per year.
    • Option C: The Employee is responsible for providing their own uniforms.
    • Option D: The Employer will provide required tools.
    • Option E: The Employer will reimburse the Employee for the cost of required tools up to [Dollar Amount] per year.
    • Option F: The Employee is responsible for providing their own tools.

7. Paid Time Off

  • The Employee is entitled to New York-mandated sick leave, accruing at a rate of 1 hour per 30 hours worked, up to a maximum of at least 40 hours per year.
  • Vacation: The Employee is entitled to [Number] days of paid vacation per year.
  • Personal Days: The Employee is entitled to [Number] days of paid personal leave per year.
  • The Employee is eligible for New York Paid Family Leave in accordance with applicable law.
  • The Employee is entitled to leave for jury duty as required by law.

8. Benefits

  • Health Insurance: The Employee is eligible to participate in the Employer's health insurance plan, subject to the terms and conditions of the plan.
  • Dental Insurance: The Employee is eligible to participate in the Employer's dental insurance plan, subject to the terms and conditions of the plan.
  • Vision Insurance: The Employee is eligible to participate in the Employer's vision insurance plan, subject to the terms and conditions of the plan.
  • Retirement Plan:
    • Option A: The Employee is eligible to participate in the Employer's 401(k) plan, subject to the terms and conditions of the plan.
    • Option B: The Employer participates in the New York State-mandated retirement savings plan, subject to eligibility requirements.
    • Option C: No retirement plan is offered.
  • Disability Benefits: The Employee is covered by New York statutory short-term disability insurance and Paid Family Leave.
  • Unemployment Insurance: The Employee is covered by New York unemployment insurance.
  • Workers' Compensation: The Employee is covered by workers' compensation insurance for job-related injuries.

9. Compliance and Training

  • The Employee is required to complete all required safety training.
  • The Employer will communicate any chemical exposure risks to the Employee, in compliance with the New York Right-to-Know Act.
  • The Employee will participate in the Employer's injury and illness prevention program.
  • The Employee will report any job-related accidents or hazards to [Reporting Authority], in accordance with New York OSHA regulations.

10. Attendance

  • The Employee is expected to adhere to the Employer's attendance policy.
  • "No call/no show" will result in disciplinary action, up to and including termination.
  • Tardiness will result in disciplinary action, up to and including termination.
  • The Employee must follow the Employer's call-in protocol if they are unable to report to work.
  • Leave requests must be submitted to [Leave Request Authority] in accordance with the Employer's policy.

11. Anti-Discrimination and Harassment

  • The Employer is committed to providing a workplace free of discrimination and harassment.
  • The Employer prohibits discrimination and harassment based on race, color, creed, national origin, sexual orientation, gender identity or expression, disability, age, marital status, military status, domestic violence victim status, or any other category protected by New York Human Rights Law.
  • The Employee should report any incidents of discrimination or harassment to [Reporting Authority].

12. Confidentiality

  • The Employee acknowledges that they may have access to confidential information, including proprietary manufacturing processes, trade secrets, product designs, customer lists, and confidential production procedures.
  • The Employee agrees not to disclose any confidential information to any third party, including competitors, during or after their employment.

13. Intellectual Property

  • Any tool, process, or improvement developed by the Employee during their employment, in connection with their duties, will be the sole property of the Employer.

14. Workplace Conduct

  • The Employee is expected to comply with the Employer's safety rules.
  • The Employee is required to use personal protective equipment (PPE) as required.
  • The Employee is expected to maintain appropriate hygiene standards.
  • The possession or use of drugs or alcohol on company property is strictly prohibited.
  • The Employee is expected to interact with coworkers and supervisors in a respectful manner.

15. Non-Solicitation and Non-Disclosure

  • During the term of employment and for a period of [Number] months following termination, the Employee shall not solicit the Employer's employees or customers.
  • The Employee shall not disclose any confidential information of the Employer, as defined in Section 12, to any third party.
  • [Optional Non-compete Clause - Consult Legal Counsel to ensure enforceability under New York Law]: During the term of employment and for a period of [Number] months following termination, within a [Radius in Miles] mile radius of [Employer Address], the Employee shall not engage in any business that directly competes with the Employer's business with respect to [Specific Business Activities].

16. 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, subject to any applicable collective bargaining agreement.
  • Voluntary Resignation: The Employee must provide the Employer with [Number] weeks' written notice of their intention to resign.
  • Discipline: The Employer may discipline the Employee for violations of company policy.
    • Option A: The Employer follows a progressive discipline policy.
    • Option B: The Employer may impose discipline as deemed appropriate in its sole discretion.
  • Cause for Immediate Dismissal: The Employer may terminate the Employee's employment immediately for cause, including but not limited to theft, violence, or gross safety violations.
  • Final Paycheck: The Employee's final paycheck will be issued no later than the next regular pay date following termination, as required by New York law.
  • Unused Vacation/Sick Pay: Unused vacation/sick pay will be handled in accordance with the Employer's policy and New York law.
  • Return of Company Property: The Employee must return all company property, including but not limited to computers, tools, and documents, upon termination of employment.

17. Health and Safety

  • The Employer will comply with all applicable New York and federal OSHA requirements.
  • The Employee will adhere to all machine safety protocols.
  • The Employee will attend mandatory safety meetings.
  • The Employee will report any injuries immediately to [Reporting Authority].
  • The Employee will participate in fire evacuation drills.
  • The Employee will participate in chemical hazard communication (GHS/SDS) training.

18. Dispute Resolution

  • The Employer encourages the Employee to resolve any work-related concerns through the Employer's internal grievance process.
  • Option A: Any disputes arising out of or relating to this Agreement shall be resolved through mediation in [City, State].
  • Option B: Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in [City, State], in accordance with the rules of the American Arbitration Association.
  • This Agreement shall be governed by and construed in accordance with the laws of the State of New York.
  • The Employee acknowledges that their employment is at-will unless otherwise specified in a collective bargaining agreement.

19. Collective Bargaining Agreement

  • Option A: The Employee's position is covered by a collective bargaining agreement with [Union Name]. The terms of the collective bargaining agreement shall govern the terms and conditions of the Employee's employment.
  • Option B: The Employee's position is not covered by a collective bargaining agreement.

20. Acknowledgment and Signature

  • The Employee acknowledges that they have read, understood, and had the opportunity to ask questions about this Agreement.
  • [Employer Legal Name] By: [Employer Signature Block] Name: [Employer Printed Name] Title: [Employer Title] Date: [Date] [Employee Full Legal Name] Signature: [Employee Signature Block] Date: [Date]

The employee will receive a copy of the fully signed agreement.

21. Policy Revisions

  • The Employer reserves the right to revise certain company policies with written notice to the Employee, provided such changes comply with New York law.

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