New York HR generalist employment contract template

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How New York HR generalist employment contract Differ from Other States

  1. New York requires compliance with state-specific anti-discrimination and harassment laws, including mandatory sexual harassment prevention training.

  2. The at-will employment doctrine in New York is subject to unique judicial interpretations and exceptions not always present in other states.

  3. New York mandates explicit references to wage transparency and specific pay period disclosures in employment contracts.

Frequently Asked Questions (FAQ)

  • Q: Is at-will employment applicable in New York for HR generalists?

    A: Yes, New York is an at-will employment state, but certain exceptions and contractual terms may override at-will status.

  • Q: Does New York law require HR generalists to undergo sexual harassment prevention training?

    A: Yes, employers must provide annual sexual harassment prevention training to all HR generalists and employees.

  • Q: Are there unique wage statement requirements for HR generalists in New York?

    A: Yes, New York law requires detailed wage statements and pay period information to be included in employment contracts.

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New York HR Generalist Employment Contract

This is a full-time HR Generalist Employment Contract effective as of [Date] by and between [Employer Full Legal Name], a [State] corporation with a principal place of business at [Employer Address] (“Employer”) and [HR Generalist Full Legal Name], residing at [HR Generalist Address] (“Employee”).

1. Position: HR Generalist

  • Option A: The Employee is hired as a full-time HR Generalist, reporting to [Supervisor Name], [Supervisor Title], in the [Department Name] Department.
  • Option B: The Employee is hired as a full-time HR Generalist, reporting to [Supervisor Name], [Supervisor Title], and will collaborate with cross-functional teams including [List teams].

2. Job Duties:
The Employee's duties include, but are not limited to:

  • Recruitment and onboarding of new employees.
  • Employee relations and conflict resolution.
  • Benefits administration and enrollment.
  • HR policy implementation and enforcement.
  • Compliance with New York and federal labor laws.
  • HRIS data management and maintenance.
  • Participation in workforce planning.
  • Support for Diversity, Equity, and Inclusion (DEI) initiatives.
  • Assistance with payroll processing.
  • Facilitation of performance reviews.
  • Maintenance of personnel records.
  • Coordination of training programs.
  • Administration of time-off policies, including NY Paid Family Leave and NYS paid sick leave.
  • Preparation of HR analytics and reports.
  • Compliance reporting (EEO-1 and New York-specific reporting).
  • Investigation and resolution of workplace complaints.
  • Support for union relations (if applicable).
  • Serving as a first-line resource for employees and managers on HR issues.

3. Work Location:

  • Option A: The primary work location is the Employer's New York office located at [Address].
  • Option B: The Employee is eligible for hybrid/remote work as per the Employer’s policy. The Employee is responsible for maintaining a secure home office environment that complies with New York data privacy laws.

4. Employment Status and Working Hours:

  • The Employee is hired as a full-time employee.
  • The standard work hours are [Number] hours per week, typically from [Start Time] to [End Time], Monday through Friday.
  • Option A: The Employee is eligible for overtime compensation as per New York wage and hour laws.
  • Option B: The Employee is an exempt employee and is not eligible for overtime compensation.
  • The Employee is required to track working hours accurately.
  • The Employee will adhere to New York State regulations regarding meal and rest breaks.

5. Compensation:

  • Option A: The Employee's base salary is [Dollar Amount] per year, payable [Weekly/Bi-weekly], subject to applicable deductions.
  • Option B: The Employee's hourly wage is [Dollar Amount] per hour, payable [Weekly/Bi-weekly], subject to applicable deductions. Overtime will be paid at a rate of 1.5 times the regular hourly rate for hours worked over 40 in a workweek.
  • Payment will be made via direct deposit to the Employee's designated bank account.
  • Option A: The Employee is eligible for a signing bonus of [Dollar Amount], payable as follows: [Payment Schedule].
  • Option B: The Employee is eligible for merit-based increases based on performance.
  • The Employer will provide a wage notice and pay stubs compliant with the New York Wage Theft Prevention Act.

6. Benefits:

  • The Employee is eligible for the following benefits, subject to the terms and conditions of the Employer's benefit plans:
    • Health insurance.
    • Dental insurance.
    • Vision insurance.
    • Life insurance.
    • Disability insurance.
    • 401(k) retirement plan with employer match.
    • New York Paid Family Leave.
    • New York paid sick leave.
    • Vacation/PTO, accruing at a rate of [Number] days per year, subject to New York carryover regulations.
    • Holidays (New York state and local).
    • Option A: MTA commuter benefits.
    • Option B: Tuition reimbursement or HR certification support (e.g., SHRM/PHR).
    • Wellness programs.
    • Employee Assistance Program (EAP).

7. HRIS System Access and Data Handling:

  • The Employee will have access to the Employer's HRIS system for authorized purposes only.
  • The Employee will handle employee records in compliance with NY Labor Law and privacy statutes.
  • The Employee will follow established protocols for the retention and destruction of personal data.

8. Intellectual Property and Work Product:

  • All policy manuals, templates, handbooks, and HR process documents developed by the Employee are the property of the Employer.
  • The Employer retains all rights to use such materials in accordance with New York labor regulations.

9. Confidentiality and Data Privacy:

  • The Employee agrees to maintain the confidentiality of all employee information, investigations, and proprietary HR data.
  • The Employee will comply with NYS Identity Theft Prevention and data breach notification laws.
  • This obligation of confidentiality survives the termination of employment.

10. Non-Solicitation:

  • During employment and for a period of [Number] months following termination, the Employee agrees not to solicit employees of the Employer.
  • The Employee agrees not to use confidential information acquired during employment to solicit customers or business opportunities.

11. Anti-Discrimination and Equal Employment Opportunity:

  • The Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, genetic information, marital status, caregiver status, salary history, or any other characteristic protected by New York State and NYC Human Rights Law.
  • The Employer has clear procedures for reporting and investigating complaints of discrimination or harassment.
  • The Employer is committed to compliance with training requirements under NYS/NYC anti-harassment regulations, including annual training mandates.

12. Compliance with New York State Labor Laws:

  • The Employer and Employee agree to comply with all applicable New York State labor laws, including the Wage Theft Prevention Act and the HERO Act.
  • The Employee acknowledges receipt of required employee notices.

13. Termination:

  • Option A: Employment is at-will and may be terminated by either party at any time, with or without cause or notice.
  • Option B: Employment can be terminated by either party with [Number] weeks' notice.
  • The Employer may terminate employment immediately for cause, including gross misconduct or breach of confidentiality.
  • Upon termination, the Employee will receive final pay in accordance with New York law.
  • Unused PTO will be paid out as required by New York law.
  • Continuation of benefits and COBRA will be offered in accordance with applicable laws.
  • The Employee is required to return all company equipment and sensitive HR records upon termination.

14. Non-Retaliation:

The Employer will not retaliate against the Employee for participation in investigations, whistleblowing, or exercising workplace rights under NY law.

15. Dispute Resolution:

  • The parties agree to attempt to resolve any disputes through internal resolution procedures.
  • Option A: Any disputes that cannot be resolved internally shall be submitted to voluntary mediation.
  • Option B: Any disputes arising out of or relating to this agreement shall be resolved by binding arbitration in New York, in accordance with the New York State Arbitration Act.
  • This agreement shall be governed by the laws of the State of New York. The venue for any litigation shall be in [County] County, New York.

16. Workers' Compensation and Safety:

  • The Employee is covered by the Employer’s workers' compensation insurance.
  • The Employer is committed to providing a safe and healthy work environment in compliance with the NY HERO Act.
  • The Employer provides access to mental health support resources.

17. Professional Conduct and Ethics:

  • The Employee is expected to maintain the highest standards of professional conduct and ethics.
  • The Employee is restricted from engaging in secondary employment or consulting without prior written approval from the Employer.
  • The Employee must disclose any close personal relationships that could create a conflict of interest.
  • The Employee affirms adherence to the Employer's code of conduct.

18. Professional Development:

  • The Employee is encouraged to pursue continued professional development through HR certification, training, or continuing education credits.
  • Option A: The Employer will provide financial support for such professional development, subject to budget availability and approval.
  • Option B: The Employee is responsible for all professional development costs.

19. Contact for Complaints or Concerns:

  • The Employee may contact [Contact Name], [Contact Title], at [Phone Number] or [Email Address] with any complaints or concerns regarding workplace safety, discrimination, wage issues, or other employment rights.
  • The Employer complies with NY Helpline posting law.

20. Modification:

The terms of this contract are subject to change based on legal mandates or collective bargaining agreements, if applicable.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

_______________________________
[Employer Representative Name], [Employer Representative Title]

_______________________________
[HR Generalist Full Legal Name]

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