New York graphic designer employment contract template

New York Graphic Designer Employment Contract

This New York Graphic Designer Employment Contract (the "Agreement") is made and entered into as of [Date], by and between [Employer Legal Name], located at [Employer Address] ("Employer"), and [Employee Legal Name], residing at [Employee Address] ("Employee").

1. Position and Responsibilities

• The Employer hereby employs the Employee as a Graphic Designer.
• The Employee's responsibilities include, but are not limited to:
  • Digital and print design
  • Developing branding materials
  • Creating marketing collateral
  • Preparing assets for online/social media use
  • Engaging in typography and illustration
  • Collaborating with copywriters or marketing teams
  • Adhering to brand guidelines
  • Preparing files for print vendors
  • Providing initial concepts and revisions
  • Using industry-standard software (Adobe Creative Cloud, etc.)
  • Photo editing and retouching
  • Participating in client or stakeholder meetings
  • Responding to feedback or design briefs
• The Employee must possess the following minimum qualifications:
  • Option A: Bachelor's degree in Graphic Design or related field
  • Option B: Associate's degree in Graphic Design or related field with [Number] years of experience
  • A strong portfolio demonstrating relevant skills and experience.
• Required Technical Skills:
  • Proficiency in Adobe Creative Suite (Photoshop, Illustrator, InDesign)
  • Knowledge of web design principles
  • Understanding of print production processes
• The Employee will report to [Supervisor Name], [Supervisor Title]. The Employee will collaborate with [Department/Team Names].

2. Work Location

• The Employee's primary work location will be at [Work Location Address], located in New York.
• Work Arrangement:
  • Option A: On-site
  • Option B: Remote
  • Option C: Hybrid – Requires [Number] days per week in the office.
• Equipment:
  • Option A: Employer will provide all necessary equipment, including [List of Equipment].
  • Option B: Employee will use their own equipment. Employer will provide a [Dollar Amount] allowance for equipment maintenance and upgrades.
• Ergonomics: The Employer will provide a safe and ergonomically sound workspace compliant with New York labor safety requirements.

3. Employment Status and Hours

• The Employee is a full-time employee.
• The standard workweek is [Number] hours per week.
• The Employee will adhere to the following break schedule: [Break Schedule].
• Overtime:
  • Overtime work requires prior written approval from [Supervisor Name/Title].
  • Overtime will be compensated at a rate of 1.5 times the Employee’s regular hourly rate, in accordance with New York State Labor Law.
• Flexible Scheduling:
  • Option A: Not applicable.
  • Option B: The Employee may request a flexible work schedule, subject to Employer approval.

4. Compensation

• The Employee's annual salary is [Dollar Amount], payable [Frequency - e.g., bi-weekly], subject to applicable deductions.
• Option A: The Employee is a non-exempt employee under the Fair Labor Standards Act (FLSA) and New York State Labor Law.
• Option B: The Employee is an exempt employee under the Fair Labor Standards Act (FLSA) and New York State Labor Law.
• Payment Method: [Payment Method - e.g., Direct Deposit].
• Bonus/Incentives:
  • Option A: The Employee is eligible for a performance-based bonus, as determined by the Employer. Details outlined in [Document Name].
  • Option B: No bonus or incentives are offered.

5. Benefits

• The Employee is eligible for the following benefits, subject to eligibility requirements:
  • Health insurance
  • Dental insurance
  • Vision insurance
  • Paid vacation: [Number] days per year, accruing according to [Accrual Schedule].
  • Sick leave: In compliance with New York Paid Sick Leave Law.
  • Paid holidays: [List of Holidays].
  • Family leave: In accordance with FMLA and New York Paid Family Leave Act.
  • Commuter benefits: [Details].
  • Tuition/Continuing Education Reimbursement: Up to [Dollar Amount] per year for approved design courses or certifications.
  • Professional association membership dues: [Details].
  • Creative software licensing: Employer-provided licenses for required software.
  • Technology allowance: [Dollar Amount] per year.

6. Freelance/Sidework

• Option A: The Employee is permitted to engage in freelance design work outside of regular working hours, provided it does not conflict with their responsibilities to the Employer and is disclosed to [Designated Person/Department].
• Option B: The Employee is not permitted to engage in any freelance design work without prior written approval from the Employer.

7. Intellectual Property

• All original artwork, project drafts, digital files, design concepts, and materials generated by the Employee during their employment shall be the sole and exclusive property of the Employer.
• The Employee hereby assigns all rights, title, and interest in such intellectual property to the Employer, including all copyrights, trademarks, and other proprietary rights.
• The Employee waives all moral rights to the extent permitted by law.
• Pre-existing works: [Details regarding ownership and use of Employee's pre-existing works].
• Portfolio use: [Details regarding Employee's portfolio use of work created during employment after termination].
• Third-party intellectual property: The Employee must comply with all Employer policies regarding the use of open-source, stock assets, and branded templates.

8. Confidentiality

• The Employee agrees to maintain the confidentiality of all client lists, marketing and product plans, unpublished designs, proprietary creative processes, and sensitive client materials.
• This obligation of confidentiality shall continue [Number] years after the termination of employment.

9. Return of Property

• Upon termination of employment, the Employee shall promptly return all company property, including design files, physical prototypes, client presentation boards, and any other materials belonging to the Employer.

10. Code of Conduct and Workplace Policies

• The Employee shall adhere to all Employer policies and procedures, including those related to client interaction, presentation skills, feedback management, and participation in internal design reviews.
• The Employee shall comply with all company ethics, anti-plagiarism, and zero-tolerance for copyright infringement policies.
• Accessibility: All work must conform to accessibility/design-for-all standards required for New York-based businesses (such as WCAG/ADA for web/digital products).
• Data privacy and cybersecurity: The Employee will comply with all data privacy and cybersecurity policies when handling sensitive client or campaign information.

11. Non-Solicitation/Non-Competition

• The Employee agrees not to solicit the Employer's clients or employees for a period of [Number] months following termination of employment.
• Non-compete: [State-specific clause, compliant with current New York law regarding non-compete agreements. Example: "Due to recent changes in New York law, non-compete clauses are presumptively void. This section will only be enforceable if Employee's role is deemed a 'highly compensated employee' and the restrictions are reasonable in time, scope, and geography as determined by a court of competent jurisdiction."]

12. 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, subject to applicable law.
• Voluntary Resignation: The Employee is requested to provide [Number] weeks written notice of resignation.
• Termination: The Employer may terminate the Employee's employment with or without cause.
• Final Wage Payment: The Employer will make the final wage payment in accordance with New York Labor Law.
• Severance:
  • Option A: The Employee is not eligible for severance benefits upon termination.
  • Option B: The Employee may be eligible for severance benefits, as determined by the Employer.

13. Dispute Resolution

• The parties agree to first attempt to resolve any disputes arising under this Agreement through internal grievance procedures.
• If internal resolution fails, the parties agree to participate in mediation before initiating litigation.
• This Agreement shall be governed by and construed in accordance with the laws of the State of New York.
• Any legal action arising out of or relating to this Agreement shall be brought in the courts of [County, New York].

14. Anti-Discrimination and Harassment

• The Employer is committed to providing a workplace free from discrimination and harassment, in compliance with New York State and New York City Human Rights Law.
• The Employer prohibits discrimination based on gender, race, religion, age, sexual orientation, gender identity, disability, and other protected categories.
• The Employer will provide workplace training on sexual harassment prevention as mandated by New York state law.

15. Compliance with New York Labor Laws

• The Employer will comply with all applicable New York labor laws, including the New York Sick Leave Law, wage theft prevention requirements, and mandatory workplace posting requirements.

16. Industry-Specific Codes

• The Employer adheres to [Industry-Specific Code Name(s), e.g., AIGA Design Code of Conduct].

17. Severability

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

18. Amendment

• This Agreement may be amended only in writing signed by both parties.

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]