New York employment contract template

New York Employment Contract

This Employment Contract is made and entered into as of [Date], by and between [Employer Legal Name], with its principal place of business at [Employer Business Address] (hereinafter "Employer"), and [Employee Legal Name], residing at [Employee Address] (hereinafter "Employee"). Employer's Tax ID is [Employer Tax ID Number]. Employee's SSN is [Employee SSN].

1. Position

• Employee shall be employed in the position of [Job Title] within the [Department] department.
• Employee will report to [Supervisor Name/Job Title].
• Job Duties & Responsibilities:
• Employee's duties and responsibilities shall include, but are not limited to, the following: [Detailed Description of Job Duties].
• Primary Work Location: [Work Location Address].
• Remote Work:
  • Option A: Remote work is not permitted.
  • Option B: Remote work is permitted according to the Employer's remote work policy.
  • Option C: Remote work is permitted on a hybrid basis, with [Number] days per week required in the office.

2. Employment Type & FLSA Status

• Employment Type:
  • Option A: Full-time
  • Option B: Part-time
  • Option C: Temporary
  • Option D: Seasonal
  • Option E: Internship
  • Option F: Independent Contractor (Note: Use with extreme caution. Employee's classification must comply with New York and Federal law. This agreement assumes compliance)
• FLSA Status:
  • Option A: Exempt (from overtime requirements). The Employee’s job duties meet the requirements for the [Exemption Type, e.g., Executive, Professional, Administrative] exemption under the Fair Labor Standards Act.
  • Option B: Non-Exempt (eligible for overtime).

3. Term of Employment

• Option A: Fixed Term
  • The term of employment shall commence on [Start Date] and shall continue until [End Date].
    • Renewal:
      • Option 1: This contract may be renewed upon mutual written agreement of the parties.
      • Option 2: Employee's performance will be evaluated [Number] months prior to the end date to determine potential renewal.
• Option B: At-Will
  • Employee's employment with Employer is "at-will," meaning that either Employer or Employee may terminate the employment relationship at any time, with or without cause and with or without notice, subject to applicable law. This "at-will" employment relationship does not alter the Employee’s right to any compensation already earned and does not create any contractual rights regarding the terms and conditions of employment. This provision is consistent with New York law. Note: This provision does not allow for termination that violates NYS Human Rights Law.
• Option C: (Delete this section if none of the above apply)

4. Compensation

• Wage:
  • Option A: Annual Salary: Employee shall receive an annual salary of [Dollar Amount], payable [Pay Frequency: weekly, bi-weekly, semi-monthly].
  • Option B: Hourly Wage: Employee shall receive an hourly wage of [Dollar Amount], payable [Pay Frequency: weekly, bi-weekly, semi-monthly].
• Commission:
  • Option A: Employee is eligible to earn commissions pursuant to the Employer's commission plan, as may be amended from time to time. The details of the commission plan are attached hereto as Exhibit A.
  • Option B: Employee is not eligible to earn commissions.
• Bonus:
  • Option A: Employee is eligible for a discretionary bonus based on individual and company performance, as determined by the Employer in its sole discretion.
    • The target bonus is [Percentage or Dollar Amount] of annual salary.
  • Option B: Employee is not eligible for a bonus.
• Payment Method:
  • Option A: Check
  • Option B: Direct Deposit
  • Option C: Pay Card (if permissible under NY law)
• Wage Notice: For Non-Exempt employees, Employer shall provide a written wage notice at the time of hire, as required by New York law.
• Prevailing Wage:
  • Option A: This position is subject to prevailing wage requirements under New York law. The applicable prevailing wage is [Dollar Amount] per hour.
  • Option B: This position is not subject to prevailing wage requirements.

5. Overtime Pay

• Option A: Non-Exempt Employees: Employee shall be paid overtime at a rate of one and one-half (1.5) times their regular hourly rate for all hours worked in excess of forty (40) hours in a workweek, as required by New York law.
• Option B: Exempt Employees: Employee is not eligible for overtime pay.
• Option C: (Optional Premium Pay): Employee shall receive premium pay for work performed on [Specify days or hours, e.g., weekends, holidays] at a rate of [Specify rate, e.g., 1.5x].
• Option D: (Remove if not applicable)

6. Benefits

• Health Insurance:
  • Option A: Employee is eligible to participate in the Employer's health insurance plan, subject to the terms and conditions of the plan.
  • Option B: Employee is not eligible for health insurance.
• Dental Insurance:
  • Option A: Employee is eligible to participate in the Employer's dental insurance plan, subject to the terms and conditions of the plan.
  • Option B: Employee is not eligible for dental insurance.
• Vision Insurance:
  • Option A: Employee is eligible to participate in the Employer's vision insurance plan, subject to the terms and conditions of the plan.
  • Option B: Employee is not eligible for vision insurance.
• Short-Term Disability:
  • Option A: Employee is eligible to participate in the Employer's short-term disability plan, subject to the terms and conditions of the plan.
  • Option B: Employee is not eligible for short-term disability.
• Long-Term Disability:
  • Option A: Employee is eligible to participate in the Employer's long-term disability plan, subject to the terms and conditions of the plan.
  • Option B: Employee is not eligible for long-term disability.
• Retirement Plan (401k, Pension):
  • Option A: Employee is eligible to participate in the Employer's [Plan Type] retirement plan, subject to the terms and conditions of the plan.
  • Option B: Employee is not eligible to participate in a retirement plan.
• Paid Sick Leave: Employee is eligible for paid sick leave in accordance with New York State and/or New York City paid sick leave laws, as applicable.
  • Employee is entitled to [Number] hours/days of paid sick leave per [Year/Benefit Year].
• Paid Family Leave: Employee is eligible for Paid Family Leave in accordance with New York State law.
• Paid Time Off (Vacation, Personal Days, Holidays): Employee shall accrue [Number] days of paid time off per [Year/Pay Period], which may be used for vacation, personal days, and holidays. Employer also provides [Number] paid holidays per year.
• Statutory Benefits: Employer shall provide all statutory benefits required by law, including worker's compensation and unemployment insurance.
• Other Fringe Benefits: [List any other benefits, e.g., gym membership, transportation stipend]

7. Employee Schedule

• Regular Working Hours: Employee's regular working hours shall be [Start Time] to [End Time], [Number] days per week, [Days of the week].
• Break and Meal Period Policy: Employee is entitled to break and meal periods in accordance with New York law.
  • The Employee shall be entitled to a [Length] minute meal break, and [Length] minute break during each [Length] hour shift.
• Flexible Work Arrangements:
  • Option A: Employee's work schedule is fixed as described above.
  • Option B: Employee may have flexible work arrangements as agreed upon with their supervisor, subject to Employer's policies.
• Overtime or Shift Differentials:
  • Option A: Overtime work may be required, subject to Employer's policies and applicable law.
  • Option B: Employee is eligible for a shift differential of [Amount or Percentage] for work performed during [Specific Hours or Shifts].
• Employee Code of Conduct:
  • Option A: The Employee is expected to adhere to the Employer’s Code of Conduct.
  • Option B: The Employee is expected to adhere to a professional workplace environment and all legal standards of conduct.

8. Intellectual Property

• Ownership: All inventions, works, and other creations made or conceived by Employee during the course of employment and related to Employer's business shall be the sole and exclusive property of Employer.
• Assignment: Employee hereby assigns to Employer all right, title, and interest in and to any such inventions, works, and other creations.
• Works for Hire: All works created by Employee in the course of employment shall be considered "works made for hire" under copyright law.
• Confidential and Proprietary Information: Employee acknowledges that they will have access to confidential and proprietary information of the Employer, including but not limited to [List examples of confidential information, e.g., trade secrets, customer lists, financial data].
  • Non-Disclosure: Employee agrees to maintain the confidentiality of such information both during and after employment.

9. Restrictive Covenants

• Option A: Non-Competition (Note: Enforceability is highly fact-specific and subject to New York law)
  • During the term of employment and for a period of [Number] [Months/Years] following termination of employment, Employee shall not, directly or indirectly, engage in any business that is competitive with Employer's business within [Geographic Area].
• Option B: Non-Solicitation
  • During the term of employment and for a period of [Number] [Months/Years] following termination of employment, Employee shall not solicit any employees, customers, or clients of Employer.
• Option C: Non-Disparagement
  • Employee agrees not to disparage Employer, its products, services, or employees, either during or after the term of employment.
• Option D: Severability
  • If any provision of this Section is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
• Option E: Blue Pencil
  • If any provision of this Section is found to be unenforceable, a court may modify the provision to make it enforceable.
• Option F: (Remove if none of the above apply)

10. Separation and Termination

• Voluntary Resignation: Employee may resign from employment by providing Employer with [Number] [Days/Weeks] written notice.
• Termination by Employer:
  • Option A: With Cause: Employer may terminate Employee's employment for cause, including but not limited to [List examples of cause, e.g., misconduct, poor performance, violation of company policy].
  • Option B: Without Cause: Employer may terminate Employee's employment without cause at any time, subject to applicable law.
• Final Wage Payment: Upon termination of employment, Employee shall receive all wages earned and due in accordance with New York law.
• Benefits Continuation: Employee may be eligible for continuation of health insurance coverage under COBRA or New York State law.

11. Post-Employment Obligations

• Return of Company Property: Upon termination of employment, Employee shall immediately return all company property, including but not limited to computers, phones, documents, and access cards.
• Compliance with Restrictive Covenants: Employee shall continue to be bound by the restrictive covenants contained in this Agreement, if any.

12. Dispute Resolution

• Option A: Mediation
  • The parties agree to attempt to resolve any disputes arising out of or relating to this Agreement through mediation before resorting to litigation or arbitration.
    • The Mediation shall occur in [City], [State].
• Option B: Arbitration
  • Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.
    • The arbitration shall take place in [City], [State].
    • The arbitrator's decision shall be final and binding.
• Option C: Governing Law and Venue
  • This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. The venue for any legal action relating to this Agreement shall be the courts located in [County], New York.
• Option D: (Remove if none of the above apply)

13. Worker Safety and Health

• Employer shall comply with all applicable worker safety and health laws and regulations, including those promulgated by the Occupational Safety and Health Administration (OSHA) and the New York State Department of Labor.
• Employer shall maintain a safe and healthy workplace for its employees.
• Employer shall provide workers’ compensation coverage for Employee in accordance with New York State law.
• All required workplace posters are displayed in [Location in Workplace].

14. Anti-Discrimination and Equal Employment Opportunity

Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, genetic information, or any other characteristic protected by law. This policy applies to all terms and conditions of employment, including hiring, firing, promotion, compensation, and benefits.

15. Employee Acknowledgments

• Employee acknowledges receipt of the Employer's employee handbook and agrees to comply with all policies and procedures contained therein.
• Employee consents to the Employer's electronic communications and monitoring policies, as described in the employee handbook or other company policies.

16. Leaves of Absence

Employer shall provide Employee with all legally required leaves of absence, including but not limited to jury duty leave, military leave, family and medical leave (FMLA), New York Paid Family Leave, New York State sick leave, voting leave, crime victim leave, blood donor leave, and domestic violence leave, in accordance with applicable law.

17. Amendments and Modification

This Agreement may be amended or modified only by a written instrument signed by both Employer and Employee.

18. Entire Agreement

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.

19. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

20. Assignment and Successors

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Employee may not assign his rights or obligations under this Agreement.

21. 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.

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: ____________________________