New York janitor employment contract template

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How New York janitor employment contract Differ from Other States

  1. New York requires adherence to the State Wage Theft Prevention Act, mandating written wage notices and pay rate disclosures to employees.

  2. New York imposes mandatory paid sick leave accruals for janitorial workers, which may not be required in other U.S. states.

  3. Collective bargaining and unionization are more common in New York's cleaning industry, often influencing contract conditions and worker protections.

Frequently Asked Questions (FAQ)

  • Q: Is a written employment contract required for janitors in New York?

    A: While not always required, written contracts are strongly recommended due to state wage laws and to avoid misunderstandings.

  • Q: Does the contract need to specify pay rate and schedule in New York?

    A: Yes. New York law requires employers to clearly state pay rates, pay schedules, and other wage details in writing.

  • Q: Are janitors entitled to paid sick leave under New York law?

    A: Yes. Most janitors in New York accrue paid sick leave, with specific requirements based on the employer’s size and income.

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New York Janitor Employment Contract

This New York Janitor Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between:

[Employer Legal Entity Name], a [State of Incorporation] corporation with a principal place of business at [Employer Business Address] (“Employer”), and

[Employee Name], residing at [Employee Address] (“Employee”).

1. Employment

The Employer hires the Employee as a Janitor (or Cleaner/Building Porter) for full-time employment in New York.

2. Job Responsibilities

The Employee's responsibilities include, but are not limited to:

  • Option A: Daily cleaning tasks as specified in Schedule A attached hereto.
  • Option B: Performing tasks as directed by the supervisor/building management.
  • Option C:
    • Sweeping, mopping, and vacuuming floors.
    • Washing floors, windows, and walls.
    • Removal of trash and recycling.
    • Upkeep and sanitation of restrooms, break rooms, stairwells, and other common areas.
  • Option D:
    • Basic building maintenance tasks such as light replacing.
    • Snow/ice removal from entryways.
    • Pest reporting.
    • Equipment operation/maintenance.

3. Health and Safety

Safe Handling and Use of Cleaning Chemicals: Employee agrees to follow all OSHA and New York State regulations regarding the safe handling, storage, and use of cleaning chemicals.

Personal Protective Equipment (PPE): Employee agrees to use and care for all provided PPE and follow site-specific building health and safety protocols.

Emergency Procedures: Employee agrees to participate in emergency cleaning, spill response, and fire or evacuation drills.

Reporting: Employee will report to [Supervisor Name and Title].

4. Work Location

The primary work location is:

  • Option A: [Building Name], located at [Building Address] in New York.
  • Option B: Multi-site duties/rotational shifts as assigned. Sites include: [List of Buildings]
  • Option C: Alternate locations as required.

5. Work Schedule

The Employee is a full-time employee, typically working [Number] hours per week.

  • Option A: Standard weekly work schedule: [Days of the Week], from [Start Time] to [End Time].
  • Option B: The employee is entitled to meal and rest periods in compliance with New York Labor Law.
    • Paid break status: [Paid or Unpaid]
    • Overtime is paid at 1.5x base rate for hours worked over 40 in a workweek, as required by New York law.

6. Compensation

The Employee will be paid:

  • Option A: An hourly wage of [Dollar Amount] per hour.
  • Option B: An annual salary of [Dollar Amount], paid [Weekly or Bi-weekly].
  • Paycheck delivery method: [Direct Deposit or Check].
  • Timekeeping procedures: [Clock-in/out system or other method].
  • Wage statements will be provided as dictated by the New York Wage Theft Prevention Act (WTPA).

7. Supplemental Compensation

The Employee may be eligible for:

  • Option A: Shift differential for night work: [Dollar Amount] per hour.
  • Option B: Weekend/holiday pay at a rate of [Dollar Amount] per hour.
  • Option C: On-call compensation at a rate of [Dollar Amount] per hour.

8. Benefits

The Employee is eligible for the following benefits:

  • Health, vision, and dental coverage: [Yes or No]. If yes, details are in the employee handbook.
  • New York State Paid Sick Leave: [Accrual method and usage details].
  • New York State Paid Family Leave: Compliance as per state law.
  • Vacation/PTO policy: [Number of days/hours per year].
  • Union-related benefits (if applicable): [Union Name], benefits as per collective bargaining agreement.
  • Transportation/commuting allowance: [MetroCard reimbursement or parking details].
  • Laundering of work uniforms or clothing allowance: [Details].
  • Employer-provided PPE or reimbursement.
  • Eligibility for building maintenance or safety certification programs. [Details, if any].

9. Training and Compliance

The Employee must complete the following training:

  • New York Right-to-Know/Hazard Communication (chemical safety) training.
  • Bloodborne Pathogens Standard awareness.
  • Sexual harassment training as per New York State law.
  • Documented periodic safety refreshers.

10. At-Will Employment

The Employer and Employee acknowledge that this is an at-will employment relationship, meaning either party may terminate the employment at any time, with or without cause or notice.

  • Option A: Unless otherwise specified by a collective bargaining agreement.

11. Termination

  • Option A: Minimum notice period: [Number] days.
  • Option B: The employer reserves the right to immediate termination for serious safety violation, theft, or gross misconduct.
  • Final wage payment practices will comply with New York law, including payment within the required number of business days.
  • The Employee must return all keys, access cards, uniforms, and employer-owned equipment upon termination.

12. Workplace Conduct

The Employee must adhere to the Employer's equal employment opportunity (EEO) statement and comply with all protected categories under New York Human Rights Law.

The Employee must adhere to a strict prohibition of discriminatory or harassing behavior.

The Employee must maintain workplace respect and zero tolerance for retaliation.

13. Health and Safety Requirements

The Employee must adhere to all OSHA/local building codes.

The Employee must report all workplace injuries/illnesses.

The Employee must participate in periodic health and building safety inspections.

Worker compensation claims will be handled under New York law.

14. Privacy

There is no expectation of privacy in lockers, carts, or utility spaces provided by the Employer.

Reasonable accommodation will be made for personal belongings as per facility policy.

15. Conduct

Use of telephones, cell phones, or internet during working hours is limited to [Describe Limits].

16. Confidentiality

The Employee must maintain confidentiality regarding building occupant information, access codes/keys, and alarm protocols.

The Employee must report any building or tenant incidents.

The Employee is prohibited from removing property.

The Employee must follow procedures for lost and found items.

17. Background Checks

  • Option A: Criminal background checks or security clearances are required as a condition for employment.
    • The employee consents to such checks.
  • Option B: Criminal background checks or security clearances are NOT required as a condition for employment.

18. Anti-Retaliation

The Employee is protected from retaliation for whistleblowing or reporting building code or labor law violations, as required by New York state law.

19. Complaint Procedures

Complaints regarding wage, safety, or harassment issues can be filed with:

  • On-site point of contact: [Name and Title].
  • Union grievance protocols (if applicable).
  • External reporting options: NYS DOL, Human Rights Commission.

20. Inclement Weather

The Employee is expected to report for snow removal during emergencies.

Pay during inclement weather will be [Details].

21. Leave

The Employer complies with New York sick leave, disability leave, and COVID-19-related leave (if applicable) requirements.

22. Scheduling and Time-Off

The process for scheduling/time-off requests is as follows: [Details].

23. Interactions & Reporting

The Employee must adhere to standards for interaction with building tenants.

The Employee must report any incidents or hazards.

24. Non-Compete

There is no non-compete agreement.

25. Governing Law

This Agreement is governed by the laws of the State of New York.

  • Option A: Venue for litigation or arbitration shall be New York City courts.
  • Option B: Venue for litigation or arbitration shall be the county of employment.
  • Option C: Mediation is an option for dispute resolution.

26. Compliance

The Employee must comply with all Employer policies referenced in the employee handbook and any attachments.

The Employee acknowledges receipt and understanding of such policies.

27. Union Representation (If Applicable)

This position is/is not represented by a union [Insert name of Union, if applicable]. The terms and conditions of the Collective Bargaining Agreement between the Employer and the Union shall govern where inconsistencies between this agreement and the Collective Bargaining Agreement exist.

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

____________________________

[Employer Representative Name]

[Employer Representative Title]

[Employer Legal Entity Name]

____________________________

[Employee Name]

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