New York bookkeeper employment contract template

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How New York bookkeeper employment contract Differ from Other States

  1. New York mandates detailed wage notice requirements and annual wage statements, unlike many other states.

  2. Non-compete and confidentiality clauses in New York contracts are subject to stricter judicial scrutiny than in most states.

  3. New York has specific regulations regarding overtime pay and exemptions for bookkeepers, differing from federal and other state laws.

Frequently Asked Questions (FAQ)

  • Q: Is a written employment contract required for bookkeepers in New York?

    A: While not legally required, a written contract is recommended to clarify employment terms and protect both parties.

  • Q: Do New York bookkeeper contracts need to specify overtime arrangements?

    A: Yes. New York law requires clear communication about overtime eligibility and payment, in addition to federal requirements.

  • Q: Are non-compete clauses enforceable in New York bookkeeper contracts?

    A: They are enforceable only if reasonable in scope, duration, and geographical area, and necessary to protect legitimate business interests.

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New York Bookkeeper Employment Agreement

This New York Bookkeeper Employment Agreement (the "Agreement") is made and entered into as of [Date] by and between [Employer Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address], New York (the "Employer"), and [Employee Legal Name], residing at [Employee Address] (the "Employee").

1. Employment

  • Option A: The Employer hereby employs the Employee, and the Employee hereby accepts employment with the Employer, as a Full-Time Bookkeeper.
  • Option B: The Employee will be employed as a Full-Time Bookkeeper, reporting to [Reporting Manager Title].

2. Job Responsibilities

The Employee's responsibilities include, but are not limited to:

  • Daily transactional accounting
  • General ledger maintenance
  • Bank and credit card reconciliations
  • Accounts receivable management
  • Accounts payable management
  • Payroll processing
  • Generating financial reports
  • Supporting audits
  • Maintaining petty cash
  • Entering journal entries
  • Managing expense reports
  • Preparing and filing New York State and City tax obligations (including sales and use tax).
  • Providing internal controls assistance.

3. Digital Tools and Accounting Software

  • Option A: The Employee is required to utilize the following software: [List of Software].
  • Option B: All data entry and retention must comply with the Employer’s data retention policy, as outlined in the employee handbook.
  • Option C: The Employee is expected to manage electronic documents in accordance with the Employer’s document management system.

4. Supervision and Department Interaction

  • The Employee will report directly to [Reporting Manager Name and Title].
  • The Employee will interact with the [List of Departments] departments.
  • The Employee must maintain strict confidentiality regarding sensitive financial and payroll data.

5. Work Location and Conditions

  • Option A: The Employee's primary workplace is located at [Workplace Address], New York.
  • Option B: This is a remote/hybrid position with details outlined as follows: [Detailed Remote/Hybrid Work Policy].
  • Option C: The Employer will provide the following equipment: [List of Equipment].
  • Option D: The Employee must comply with all data security requirements under New York Cybersecurity Regulation (NYCRR Part 500).

6. Employment Classification and Work Schedule

  • Option A: The Employee is classified as a full-time employee, working a minimum of [Number] hours per week.
  • Option B: The Employee's weekly work schedule is [Specific Work Schedule].
  • Option C: Break duration will be provided according to New York Labor Law Section 162.
  • Option D: The Employee is eligible for overtime pay as per NYS minimum wage and overtime law.
  • Option E: Expectations for on-call or weekend work are as follows: [On-call/Weekend Work Details].
  • Option F: Accurate timekeeping is mandatory, complying with NYC Fair Workweek Law if applicable.

7. Compensation

  • Option A: The Employee's annual salary is [Salary Amount].
  • Option B: The Employee's hourly wage is [Hourly Wage Amount].
  • Option C: Payment will be made [Weekly/Bi-weekly/Semi-monthly] via direct deposit.
  • Option D: Overtime pay will be provided in accordance with New York and federal (FLSA) standards.
  • Option E: The Employee is eligible for bonuses as follows: [Bonus Structure].
  • Option F: Criteria for merit increases or profit-sharing are as follows: [Merit Increase/Profit-Sharing Details].

8. Benefits

  • Health, dental, and vision insurance.
  • New York State disability and Paid Family Leave.
  • 401(k) or pension plan (if offered).
  • Vacation and paid time off accruals (in compliance with New York Paid Sick Leave Law and New York City Earned Safe and Sick Time Act if applicable).
  • Holidays recognized by the Employer: [List of Holidays] (including NY-specific holidays).
  • Flexible spending account.
  • Commuter benefits (pre-tax MetroCard or transit deduction).
  • Training allowances for accounting certifications or CPEs.
  • [Any union or collective bargaining agreement implications for bookkeeping staff].

9. Outside Activities and Conflicts of Interest

  • Option A: The Employee must adhere to the Employer's policies regarding moonlighting and outside business activities, as outlined in the employee handbook.
  • Option B: The Employee must disclose any potential conflicts of interest related to access to confidential client/vendor financials.

10. Equal Opportunity and Non-Discrimination

  • The Employer complies with all New York anti-discrimination, anti-harassment, and equal employment opportunity laws (NY State Human Rights Law, NYC Human Rights Law).
  • The Employer will provide reasonable accommodations for disabilities.

11. Confidentiality

  • The Employee must maintain strict confidentiality of all financial records, proprietary business methods, and sensitive client or employee data, during and after employment, referencing New York data privacy and identity theft prevention statutes.
  • Unauthorized access, use, copying, or removal of accounting records is strictly prohibited, with reference to applicable state and federal regulations.

12. Intellectual Property

  • All work products, spreadsheets, process documentation, proprietary templates, or automated bookkeeping tools created during employment are the property of the Employer.

13. Non-Solicitation

  • The Employee agrees not to solicit clients, vendors, or employees for a period of [Number] [Months/Years] post-termination.
  • Any non-compete provision must be strictly limited in geographic and temporal scope, avoid restricting general bookkeeping employment per New York public policy, and comply with NY attorney general guidance and proposed legislative changes on non-competes (as of 2024).

14. Term and Termination

  • Option A: Employment is at-will, with a notice period of [Number] weeks for resignation.
  • Option B: The Employer may terminate employment with a notice period of [Number] weeks.
  • Option C: Final paycheck will be provided within New York’s next regular pay period.
  • Option D: Accrued unused leave payout will be handled as per company policy.
  • Option E: Upon termination, the Employee must return all physical and digital company property.
  • Option F: The Employee will cooperate in resolving open bookkeeping items or audits post-termination.

15. Payroll and Accounting Errors

  • The Employer will handle and correct payroll or accounting errors in accordance with NY Wage Theft Prevention Act requirements.
  • The Employee must report any wage and hour concerns using the Employer's established procedure.

16. Handbook and Code of Conduct

  • The Employee acknowledges receipt of the Employer's handbook and agrees to comply with all policies, including document retention, recordkeeping, ethics in accounting practices, and adherence to Generally Accepted Accounting Principles (GAAP) where required.

17. Electronic Record-Keeping

  • The Employee must comply with mandatory electronic record-keeping requirements if the Employer is regulated by New York financial authorities.
  • The Employee must follow the defined process for handling subpoenas or regulatory inquiries.

18. Whistleblowing

  • The Employee has the right to report suspected financial misstatements or unlawful conduct, in compliance with New York whistleblower and anti-retaliation laws.

19. Dispute Resolution

  • The Employer and Employee agree to the following dispute resolution procedure: [Outline of Internal Complaint Process and Arbitration/Mediation (if any)].
  • This Agreement shall be governed by the laws of the State of New York and any disputes shall be resolved in the exclusive venue of the courts of New York.

20. Wage Theft Prevention Act Notice

  • The Employee acknowledges receipt of the Wage Theft Prevention Act Notice, detailing pay rate, overtime eligibility, pay frequency, and primary work location, all compliant with NYDOL requirements.

21. Sexual Harassment Prevention

  • The Employee must comply with annual sexual harassment prevention training and has received the NYS/NYC sexual harassment prevention policy.

22. Required Notices

  • The Employee acknowledges receipt of notices on workers’ compensation, unemployment insurance coverage, and occupational health and safety as required of New York employers.

23. Miscellaneous

  • Modification: This Agreement may be modified only in writing and signed by both parties.
  • Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • Assignment: This Agreement may not be assigned by the Employee without the written consent of the Employer.
  • Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.
  • Integration: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

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

[Employer Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Legal Name]

Signature: ____________________________

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