New York HR assistant employment contract template
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How New York HR assistant employment contract Differ from Other States
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New York mandates explicit wage notice requirements and annual wage statements under the Wage Theft Prevention Act, unlike many other states.
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Non-compete and non-solicitation clauses are more strictly interpreted and sometimes limited in New York compared to other states.
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New York law often requires detailed anti-harassment and anti-discrimination policy disclosures within the employment contract.
Frequently Asked Questions (FAQ)
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Q: Is a written employment contract required for HR assistants in New York?
A: A written contract isn't legally required, but New York law mandates written wage notices and suggested comprehensive documentation.
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Q: Can the employment contract specify 'at-will' employment?
A: Yes, contracts in New York can specify ‘at-will’ status, clarifying termination rights for both employer and employee.
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Q: Do HR assistant contracts in New York need to reference specific state laws?
A: Yes, referencing New York State labor laws ensures compliance, especially regarding wage, anti-discrimination, and leave provisions.
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New York HR Assistant Employment Agreement
This New York HR Assistant 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] (“Employer”), and [Employee Legal Name], residing at [Employee Address] (“Employee”).
Employer Contact Information: [Employer Phone Number], [Employer Email Address]
Employee Contact Information: [Employee Phone Number], [Employee Email Address]
Position
The Employer hereby employs the Employee as a full-time HR Assistant. This position falls under the Department of Labor Standard Occupational Classification code [SOC Code].
Option A: The Employee reports directly to [Reporting Manager Title and Name].
Option B: The Employee reports directly to the HR Department.
Job Duties
The Employee shall perform the following duties, including but not limited to:
- Employee records management (digital and physical).
- Onboarding/offboarding coordination.
- Benefits and leave administration.
- Maintenance of compliance documents (I-9, EEO, wage notices, etc.).
- Payroll data entry/support (not payroll processing unless qualified).
- Posting labor law notices.
- Assisting with recruitment and interview scheduling.
- Tracking training and certifications.
- Maintaining confidentiality of all employee information.
- Liaising between staff and HR management.
- Generating HR reports.
- Supporting compliance with New York and federal employment obligations.
- Coordinating workplace investigations (without policy determination authority).
- Supporting handling of grievances.
- Assisting with compliance under state-specific requirements such as New York Paid Family Leave, NYC Earned Safe and Sick Time Act, and required annual sexual harassment prevention training administration.
Option A: Other duties as assigned.
Option B: The Employee's specific duties may evolve over time.
Work Location
The Employee's primary work location will be at the Employer's premises located at [Employer Address].
Option A: Hybrid/Remote Work Arrangement: The Employee may work remotely [Number] days per week, subject to Employer approval.
Option B: Remote work location must comply with New York cyber/data privacy and remote work record-keeping policies.
Option C: Employer will provide the following equipment for remote work: [List of Equipment].
Option D: Secure access protocols for HR data must be strictly followed at all times.
Employment Type and Work Hours
The Employee's position is full-time.
The standard workweek is [Number] hours per week.
The Employee's scheduled workdays are [Days of the Week].
Expected schedule flexibility: [Description of flexibility expectations, if any].
The Employee is entitled to meal and rest breaks in accordance with New York Labor Law.
Minimum rest periods will be provided as required by law.
Option A: Overtime Eligibility: The Employee is [Exempt/Non-Exempt] from overtime pay under the Fair Labor Standards Act (FLSA).
If Non-Exempt: The Employee will be paid overtime 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 law. Overtime requires prior approval from [Manager Title]. Employer adheres to New York minimum wage, overtime at 1.5x, spread-of-hours pay, and record-keeping requirements.
Compensation
The Employee's base compensation will be [Dollar Amount] per [Year/Hour].
Pay Frequency: The Employee will be paid [Weekly/Bi-Weekly/Semi-Monthly/Monthly], in accordance with New York prompt payment rules.
Designation and Calculation Method: [Hourly/Salaried], with clear FLSA [Exempt/Non-Exempt] classification.
Option A: Bonus Eligibility: The Employee may be eligible for a bonus, subject to the terms and conditions of the Employer's bonus plan.
Option B: Incentive Pay Eligibility: The Employee may be eligible for incentive pay, subject to the terms and conditions of the Employer's incentive pay plan.
Deductions/Withholdings: All legally required deductions and withholdings will be made from the Employee's paycheck. Employee acknowledges receipt of wage theft prevention notice. Employer will provide legally compliant wage statements.
Benefits
The Employee may be eligible for the following benefits, subject to the terms and conditions of the Employer's benefit plans:
- Health insurance.
- Dental insurance.
- Vision insurance.
- Retirement plan eligibility.
- Paid vacation ([Number] days per year).
- NYS statutory sick leave.
- NYC Earned Safe and Sick Time Act.
- Paid family leave.
- Statutory holidays.
Employer contributions to benefits: [Description of Employer contributions].
Option A: Transit Commuter Benefits: The Employee may be eligible for transit commuter benefits, if applicable under NYC regulations.
Option B: Professional Development/HR Certification Reimbursement: The Employee may be eligible for reimbursement for professional development or HR certification, subject to Employer approval.
Eligibility for benefits is subject to waiting periods and other plan provisions. The Employer reserves the right to change benefits at any time.
Data Privacy and Confidentiality
The Employee shall keep all employee, applicant, and company HR data confidential.
The Employee shall safeguard protected categories under New York and federal law.
The Employee shall safeguard criminal conviction records (per NY Fair Chance Act, and NYC Ban the Box).
The Employee shall restrict access and disclosure of HRIS and physical files.
Intellectual Property and Work Product
All materials, communications, templates, reports, databases, or training developed in the course of employment are the property of the Employer.
The Employee retains rights to personal documents.
Anti-Discrimination and Harassment
The Employer is committed to providing a workplace free of discrimination and harassment in accordance with the New York State Human Rights Law, NYC Human Rights Law, and federal statutes.
Discrimination based on age, race, creed, color, sex, gender identity, sexual orientation, marital status, disability, pregnancy, familial or caregiver status, criminal history (per state and city law), and any other protected category is prohibited.
Sexual Harassment Prevention Training
The Employee shall participate in annual New York State and City sexual harassment prevention training.
The Employee shall adhere to and support the Employer's anti-harassment policies.
The Employee has reporting obligations for observed workplace conduct.
The Employee is responsible for maintaining a respectful work environment.
Performance Standards and Metrics
The Employee will be evaluated based on the following performance standards and metrics:
- Accuracy.
- Timeliness.
- Discretion.
- Record maintenance.
- Completion of onboarding/offboarding tasks.
- Adherence to legal/regulatory timelines.
- Professional communication expectations.
The Employee is required to provide regular reporting and system updates.
Code of Conduct and Professional Behavior
The Employee shall adhere to the Employer's code of conduct and professional behavior standards.
This includes compliance with workplace privacy, use of HRIS systems, respect for confidential matters, and prohibition on retaliation.
Reporting and Supervision
The Employee will report to [Manager Title and Name].
Expectations for teamwork and cross-departmental support within the HR function are required.
Electronic Systems, Devices, and Remote Work Security
The Employee is required to use company-provided devices.
Data encryption is required.
Return of data upon separation is required.
Intellectual Property and Data Return Obligations
Upon termination of employment, the Employee shall return all employer records.
The Employee is prohibited from keeping, copying, or disseminating proprietary or personal information.
Non-Solicitation and Non-Disclosure
The Employee shall not use or disclose current/former employee data or company HR strategies.
Consistent with New York law, restrictions are limited to protect legitimate business interests, focusing on highly confidential HR strategies.
Employment-at-Will
The Employee's employment is at-will, meaning that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause or notice, unless an exception applies.
The Employer's termination procedures include: final pay timing per NY rules, required written notices, separation certification for unemployment, and a detailed process for securing and returning access to HR systems.
Option A: Severance or transition support may be provided according to company policy.
Wage Notification, Workplace Posters, and Compliance
The Employee will support compliance with wage notification, workplace poster, and other compliance requirements.
New York Labor and Payroll Compliance
The Employee will support record-keeping and communications related to NY Wage Theft Prevention Act, Paid Family Leave Law, sick leave accrual, spread-of-hours rules, and "mini-WARN" act if applicable.
Dispute Resolution
The parties agree to attempt to resolve any disputes through good faith negotiation.
If negotiation is unsuccessful, the parties may pursue arbitration or mediation as permitted by New York law.
This Agreement shall be governed by the laws of the State of New York and the City of New York.
The forum for any disputes shall be New York County.
Workers' Compensation, Disability, and Unemployment Insurance
The Employee is covered by New York workers' compensation, disability, and unemployment insurance.
The Employer complies with OSHA and any state workplace safety requirements.
Ongoing Training and Legal Updates
The Employee shall participate in ongoing training and legal updates, including mandated annual training requirements.
Option A: Employer may provide support for SHRM/PHR certification.
Acknowledgement of Policies and Handbooks
The Employee acknowledges review and acceptance of all relevant employer handbooks, codes of conduct, ethics standards, technology use policies, and any New York State or NYC-mandated policies.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Employer Legal Name]
By: [Name of Employer Representative]
Title: [Title of Employer Representative]
[Employee Legal Name]
Signature: ____________________________