New York executive assistant employment contract template
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How New York executive assistant employment contract Differ from Other States
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New York requires specific disclosures regarding wage rates and overtime eligibility that are not always mandated in other states.
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New York prohibits certain types of non-compete clauses and imposes stricter limits on restrictive covenants than many other states.
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The New York Paid Sick Leave Law mandates minimum sick leave accruals, whereas comparable requirements may differ or be absent in other states.
Frequently Asked Questions (FAQ)
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Q: Is an executive assistant in New York entitled to paid sick leave?
A: Yes, under New York law, executive assistants must receive paid sick leave based on employer size and net income.
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Q: Are non-compete clauses enforceable in New York executive assistant contracts?
A: Non-compete clauses are generally discouraged in New York and are only enforceable under very limited circumstances.
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Q: What notice is required for termination of an executive assistant in New York?
A: New York is an at-will employment state, so no advance notice is required unless specified in the contract.
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New York Executive Assistant Employment Contract
This New York Executive Assistant Employment Contract (the "Agreement") is made and entered into as of [Date], by and between [Employer Full Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Physical Address] and mailing address at [Employer Mailing Address] (the "Employer"), and [Employee Full Legal Name], residing at [Employee Physical Address] and mailing address at [Employee Mailing Address] (the "Employee").
1. Employment
Option A: The Employer hereby employs the Employee as a full-time Executive Assistant.
Option B: The Employer hereby employs the Employee as a part-time Executive Assistant. The Employee's work hours will be [Number] hours per week.
2. Position and Reporting
Option A: The Employee's position is Executive Assistant. The Employee will report directly to [Executive Name], [Executive Title].
Option B: The Employee's position is Executive Assistant. The Employee will report to the [Department Name] Department.
3. Duties and Responsibilities
The Employee's duties and responsibilities include, but are not limited to:
- Managing executive calendars and scheduling appointments.
- Coordinating meetings and events.
- Making travel arrangements (domestic and international).
- Managing executive correspondence (drafting, screening, prioritizing).
- Coordinating complex logistics.
- Preparing documents.
- Maintaining confidential records.
- Screening visitors and calls.
- Maintaining electronic and hardcopy files.
- Proofreading documents.
- Liaising with vendors and stakeholders.
- Assisting with board and investor meetings.
- Tracking tasks and projects.
- Providing senior management support.
- Maintaining compliance with New York privacy laws.
4. Work Location
Option A: The Employee's primary work location will be the Employer's office located at [Employer Physical Address].
Option B: The Employee will work remotely, subject to on-site presence as reasonably required by the Employer. The Employer will provide [Number] days' notice for required on-site presence.
Option C: Hybrid work arrangement: The Employee will work remotely [Number] days a week, and will work on-site [Number] days a week.
5. Work Hours and Overtime
Option A: The Employee's standard work hours are 40 hours per week, Monday through Friday, from [Start Time] to [End Time]. This position is exempt from overtime under the NYS DOL Executive/Administrative/Professional exemption criteria.
Option B: The Employee's standard work hours are 40 hours per week, Monday through Friday, from [Start Time] to [End Time]. The Employee is non-exempt and eligible for overtime pay at a rate of 1.5 times the regular hourly rate for hours worked over 40 in a workweek, in accordance with New York State law.
Meal/Rest Breaks: The Employee will receive a [Duration] minute unpaid meal break and [Number] paid rest breaks during each workday, as required by NY Labor Law.
6. Compensation
Option A: The Employee's annual gross salary is [Salary Amount], payable [Pay Frequency: Weekly, Biweekly, Semi-Monthly].
Option B: The Employee's hourly rate is [Hourly Rate], payable [Pay Frequency: Weekly, Biweekly].
Overtime: Overtime pay will be paid in accordance with New York's minimum wage and overtime regulations.
Wage Notice: The Employee acknowledges receipt of the required wage notice under the NY Wage Theft Prevention Act.
Payroll Deductions: Payroll deductions will be made for legally required taxes and other authorized deductions.
7. Bonus and Merit Increases
Option A: The Employee is eligible for a discretionary annual bonus based on individual performance and company profitability, as determined by the Employer in its sole discretion. The criteria for such bonus is [Bonus Criteria].
Option B: The Employee is eligible for an annual merit increase based on performance.
Option C: The Employee is not eligible for a bonus or merit increase.
8. Employee Benefits
The Employee is eligible for the following benefits, subject to the terms and conditions of the Employer's benefit plans:
- Group health insurance
- Dental insurance
- Vision insurance
- Commuter transit benefits
- Retirement plan participation (401(k) or similar)
- Statutory paid family leave (PFL)
- Short-term disability insurance
- Workers’ compensation coverage
- Paid sick leave (accrual rate: [Accrual Rate], carryover: [Carryover Days])
- Paid vacation (accrual rate: [Accrual Rate], blackout periods: [Blackout Periods], carryover: [Carryover Days], payout on separation: [Yes/No])
- Holidays (observed holidays: [List of Holidays])
- Bereavement leave
- Jury duty leave
- Time off for voting
- Leave for domestic violence victims
- [Other Benefits, e.g., Life Insurance, AD&D]
9. Intellectual Property and Work Product
All work product created by the Employee during the term of this Agreement, including but not limited to documents, materials, and information, shall be the sole and exclusive property of the Employer. The Employee agrees to assign all right, title, and interest in such work product to the Employer. Written approval is required before any release of proprietary or confidential information.
10. Confidentiality
The Employee agrees to maintain the confidentiality of all Employer and executive information, including sensitive corporate data, scheduling information, and proprietary materials. The Employee's confidentiality obligations shall survive the termination of this Agreement. The Employee acknowledges liability under NY confidentiality expectations.
11. Non-Solicitation
Option A: During the term of employment and for a period of [Number] months following termination, the Employee agrees not to solicit any employees of the Employer to leave their employment.
Option B: The Employee is not subject to non-solicitation obligations.
12. Conduct and Compliance
The Employee agrees to comply with all applicable New York and Federal anti-discrimination, anti-harassment, and equal employment opportunity laws (NY Human Rights Law, NYC Human Rights Law), office etiquette, dress code, code of conduct, data and network security policies, conflict of interest policies, and use of company communication systems. The Employee will cooperate with IT security protocols, use client and executive data properly, and comply with record retention policies.
13. Reporting and Performance Evaluation
The Employee will report to [Executive Name]. Performance evaluations will be conducted [Frequency: e.g., Annually, Semi-Annually].
14. At-Will Employment and Termination
The Employee's employment is "at will," meaning that either party may terminate the employment relationship at any time, with or without cause.
Option A: Termination requires [Number] days written notice by either party.
Option B: Termination does not require written notice by either party.
Upon termination, the Employee will return all company property, including IDs, electronics, corporate cards, and confidential records. Final pay will be provided as required by NY Labor Law §191. Payment of accrued benefits or leave will be handled according to company policy and applicable law. The Employee's post-employment obligations, such as confidentiality and return of files, shall continue.
15. Dispute Resolution
Any disputes arising out of or relating to this Agreement shall be resolved through internal resolution, followed by binding arbitration or mediation in New York State or Federal courts. New York law governs this agreement.
16. Compliance and Notifications
The Employer will provide all required New York-specific labor notifications and postings, including wage notices, sexual harassment prevention training, whistleblower protections, and procedures for reporting unethical or illegal workplace conduct.
17. Miscellaneous
Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
Amendment: This Agreement may only be amended by a writing signed by both parties.
Assignment: This Agreement may not be assigned by the Employee without the prior written consent of the Employer.
Official Correspondence: All official correspondence regarding this Agreement should be sent to the addresses listed above.
Governing Law: 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.
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]
Signature: ____________________________