New York cleaner employment contract template
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How New York cleaner employment contract Differ from Other States
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New York cleaners are protected by higher minimum wage laws compared to many other U.S. states, ensuring fair compensation.
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New York mandates paid sick leave for cleaners employed by businesses with five or more employees, a benefit not required everywhere.
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Employers in New York must provide written notice of pay rates and policies, pursuant to the Wage Theft Prevention Act.
Frequently Asked Questions (FAQ)
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Q: Is a written employment contract required for cleaners in New York?
A: New York does not require a written contract, but written documentation is highly recommended for legal protection.
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Q: Are New York cleaners entitled to overtime pay?
A: Yes, cleaners in New York are entitled to overtime pay at 1.5 times the regular rate for hours over 40 per week.
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Q: What notice is needed to terminate a cleaner's employment in New York?
A: Employment in New York is generally at-will, but contractual notice periods must be observed if specified.
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New York Cleaner Employment Contract
This Full-Time Cleaner Employment Contract (the "Agreement") is made and entered into as of [Date] by and between:
[Employer Legal Name], a [State of Incorporation] corporation/limited liability company, with a principal place of business at [Employer Address] ("Employer"), and
[Cleaner Legal Name], residing at [Cleaner Address] ("Cleaner").
Employer Contact Details: [Employer Phone Number], [Employer Email Address]
Cleaner Contact Details: [Cleaner Phone Number], [Cleaner Email Address]
1. Worksite and Job Title
Option A: The Cleaner's primary worksite will be located at [Worksite Address].
Option B: The Cleaner may be required to work at various locations within [City, County], New York, as assigned by the Employer.
Job Title: Cleaner (or equivalent: [Specific Job Title]). This position falls under the relevant New York occupational classification. [Specify relevant SOC code if available].
Option A: This position is not covered by a collective bargaining agreement.
Option B: This position is covered by the [Union Name] Collective Bargaining Agreement.
2. Job Responsibilities
The Cleaner's duties include, but are not limited to:
- Dusting, sweeping, mopping, and vacuuming floors and surfaces.
- Waste collection, removal, and segregation according to established protocols.
- Restroom and kitchen sanitation, including cleaning and disinfecting fixtures.
- Window and glass cleaning.
- Floor care, including stripping, waxing, buffing, and polishing (as needed).
- Following deep cleaning schedules as directed by the Employer.
- Safe handling and mixing of cleaning chemicals in accordance with safety guidelines.
- Replenishment of cleaning supplies.
- Reporting basic maintenance issues to the supervisor.
- Option A: After-hours or weekend cleaning responsibilities may be required.
- Option B: No after-hours or weekend cleaning responsibilities are required.
3. Specialized Equipment and Chemicals
The Cleaner may be required to use specialized cleaning machinery, including: [List of Machinery, e.g., floor scrubbers, carpet extractors].
The Cleaner will be trained in the safe handling of cleaning chemicals, including: [List of Chemicals or Chemical Classes].
Option A: The Cleaner must possess and maintain valid certification in [Specific Certification, e.g., OSHA Bloodborne Pathogens].
Option B: The Employer will provide necessary safety training and certifications as required by New York State and local law.
4. Work Schedule and Overtime
The Cleaner is classified as a full-time employee, working a fixed schedule of [Number] hours per week.
Daily Schedule: [Start Time] to [End Time].
The Cleaner is entitled to overtime pay at a rate of 1.5 times their regular hourly rate for all hours worked over 40 in a workweek, in accordance with New York Labor Law.
The Cleaner is entitled to a meal break of at least 30 minutes for shifts exceeding 6 hours, as well as short breaks as required by New York State guidelines.
Option A: Additional Break Details: [Specific Break Schedule].
Option B: Break schedules will be communicated verbally by the supervisor.
5. Compensation and Payment
The Cleaner's base hourly wage is [Dollar Amount] per hour. This rate meets or exceeds the applicable New York State minimum wage for [Specific Region: NYC, Long Island, Westchester, or Rest-of-State].
Pay Frequency: [Weekly/Bi-weekly].
Payment Method: [Check/Direct Deposit].
Overtime Rate: 1.5 times the regular hourly rate.
Option A: Night Shift Differential: [Dollar Amount/Percentage] per hour for hours worked between [Start Time] and [End Time].
Option B: No night shift differential applies.
Reimbursement for job-related expenses, such as uniforms or protective equipment (if not provided by the Employer), will be provided according to company policy.
Wage deductions and withholdings will comply with New York State law.
6. Benefits
Health Insurance: Eligibility for health insurance will be determined according to Affordable Care Act (ACA) guidelines.
Paid Sick Leave: The Cleaner will accrue paid sick leave in accordance with the New York State Paid Sick Leave Law, earning a minimum of 1 hour per 30 hours worked, up to a maximum of [Number] hours per year.
Option A: Vacation/PTO: The Cleaner is eligible for [Number] days of paid vacation/PTO per year.
Option B: No paid vacation or PTO is offered.
Statutory Paid Family Leave: The Cleaner is eligible for New York State Paid Family Leave benefits.
Workers' Compensation Insurance: The Employer maintains workers' compensation insurance coverage for the Cleaner.
Disability Benefits: The Cleaner is covered by New York State disability benefits insurance.
Option A: 401(k): The Cleaner is eligible to participate in the Employer's 401(k) plan after [Number] months of employment.
Option B: No 401(k) plan is offered.
7. Workplace Safety (HERO Act)
The Employer will comply with the New York HERO Act and provide necessary personal protective equipment (e.g., gloves, masks) and follow COVID-19 protocols to ensure workplace safety.
8. Reporting Lines and Communication
The Cleaner will report directly to [Supervisor/Manager Name], [Supervisor/Manager Job Title].
The Cleaner is expected to communicate with the supervisor at the beginning and end of each shift.
Option A: Work orders will be assigned through [Work Order System/App Name].
Option B: Work orders will be provided verbally.
9. Workplace Conduct
The Cleaner is expected to maintain punctual attendance, adhere to the company's uniform or dress code, and follow safe practices for storing cleaning chemicals.
Option A: Uniforms are provided by the Employer and laundered by [Cleaner/Employer].
Option B: The Cleaner is responsible for providing their own appropriate work attire.
The Cleaner is responsible for the safekeeping of building keys/badges.
The Cleaner must maintain the privacy and confidentiality of clients and their premises.
10. New York City/Fast Food/Building Service Worker Protections (If Applicable)
Option A: This employment is subject to the NYC Just Cause Law.
Option B: This employment is not subject to the NYC Just Cause Law.
The Employer will provide the Cleaner with a written notice containing detailed pay information at the time of hire and upon any changes, in accordance with the NY Wage Theft Prevention Act.
11. Workplace Injuries and Exposures
The Cleaner must immediately report any workplace injuries or exposures to the supervisor.
Option A: The worksite requires OSHA-30 certification as per NYC Local Law 196.
Option B: NYC Local Law 196 does not apply to this worksite.
The Cleaner will participate in employer-provided health and safety training as required by New York State and local regulations.
12. Anti-Harassment and Anti-Discrimination
The Employer maintains a strict anti-harassment, anti-discrimination, and equal opportunity policy, prohibiting discrimination based on race, creed, color, national origin, sexual orientation, gender identity, caregiver status, legal marijuana use, and other categories protected under NYS and NYC Human Rights Law. A clear process for reporting and addressing workplace misconduct is available in the employee handbook.
13. Termination
This is an at-will employment agreement, meaning that either the Employer or the Cleaner may terminate the employment relationship at any time, with or without cause or notice, subject to applicable laws and contractual obligations.
Voluntary Resignation: The Cleaner is requested to provide [Number] weeks' written notice of resignation.
Final Wage Payment: Final wages will be paid in accordance with New York State law.
Upon termination, the Cleaner must return all keys, equipment, and uniforms.
Accrued but unused paid sick leave or PTO will be paid out in accordance with New York law and company policy.
14. Dispute Resolution
Any disputes arising from this Agreement will be resolved through negotiation, mediation, or (if mutually agreed upon) arbitration.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New York.
Venue: Any legal action relating to this Agreement shall be brought in a court of competent jurisdiction in [County] County, New York.
15. Confidentiality
The Cleaner shall maintain the confidentiality of client premises, security protocols, client data, and any sensitive information encountered during the course of duties.
16. Non-Competition and Moonlighting
Restrictions on non-compete or moonlighting are limited to preventing conflicts of interest and protecting legitimate business interests, in accordance with New York law. The Cleaner is required to disclose any similar outside work to the Employer.
17. Training and Professional Development
The Employer will provide training and professional development opportunities relevant to the cleaning industry in New York, including refreshers on chemicals, equipment, ergonomics, and occupational exposure compliance.
18. Electronic Timekeeping and Monitoring
Option A: The Employer uses electronic timekeeping and monitoring systems.
Option B: The Employer does not use electronic timekeeping and monitoring systems.
Option A: The worksite employs video/audio surveillance.
Option B: The worksite does not employ video/audio surveillance.
Option A: The Cleaner is required to display an ID badge.
Option B: The Cleaner is not required to display an ID badge.
19. Employee Rights
The Cleaner has the right to review and receive a copy of this Employment Agreement, the Wage Theft Notice, the employee handbook, and all applicable workplace postings required by New York and NYC law.
20. Amendments and Severability
All terms of this Agreement are subject to amendments as required by changes in New York State/City law or applicable collective bargaining agreements.
If any provision of this Agreement is deemed unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
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 Representative Name]
[Employer Representative Title]
____________________________
[Cleaner Legal Name]
A signed copy of this agreement, the Wage Theft Notice, and other relevant documents will be furnished to both parties.