New York maintenance technician employment contract template

New York Maintenance Technician Employment Contract

This Full-Time Maintenance Technician Employment Contract ("Agreement") is made and entered into as of [Date], by and between [Employer Name], located at [Employer Address] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee").

1. Employment.

Option A: Employer hires Employee as a full-time Maintenance Technician. This is an at-will employment relationship, terminable by either party with [Number] days' notice, subject to New York law.

Option B: Employer hires Employee as a full-time Maintenance Technician. This is an at-will employment relationship, terminable by either party at any time without cause or notice, subject to New York law and WARN Act requirements (if applicable).

Employee acknowledges this is NOT an independent contractor relationship.

2. Position and Responsibilities.

Option A: Employee’s primary responsibility is performing maintenance and repairs on [Type of Property, e.g., residential apartments] including HVAC, plumbing, electrical, and carpentry systems. This includes preventative maintenance, responding to tenant requests, and ensuring compliance with building codes. Specific duties include:

• [List specific duties]

Option B: Employee’s primary responsibility is performing maintenance and repairs on [Type of Property, e.g., commercial office building] including HVAC, plumbing, electrical, and carpentry systems. This includes preventative maintenance, responding to tenant requests, and ensuring compliance with building codes. Specific duties include:

• [List specific duties]

3. Required Certifications and Licenses.

Option A: Employee must possess and maintain valid OSHA 10/30-hour certification, EPA Section 608 certification, and [List other required licenses/certifications, e.g., NYC Department of Buildings certifications].

Option B: Employee must possess and maintain valid OSHA 10/30-hour certification, EPA Section 608 certification, and be willing to obtain [List other required licenses/certifications, e.g., NYC Department of Buildings certifications] within [Number] months of employment.

4. Reporting and Schedule.

Option A: Employee reports to [Supervisor Title]. Work schedule is [Days of the week], [Start Time] to [End Time], at [Work Location].

Option B: Employee reports to [Supervisor Title]. Work schedule is [Days of the week], [Start Time] to [End Time], at [Work Location], with on-call responsibilities as assigned.

5. Working Hours and Breaks.

Employee’s regular working hours are [Number] hours per week. Employee is entitled to a 30-minute meal break after six hours of work, as required by New York Labor Law.

Overtime will be paid at 1.5x the regular rate for hours worked over 40 in a workweek, in accordance with New York State overtime law. All overtime must be pre-approved by [Supervisor Title].

6. Compensation.

Option A: Employee's base salary is [Dollar Amount] per year, paid [Pay Frequency, e.g., bi-weekly].

Option B: Employee's hourly wage is [Dollar Amount] per hour, paid [Pay Frequency, e.g., bi-weekly].

Wage statements will be provided each pay period, itemizing pay, deductions, and hours worked, as required by the NY Wage Theft Prevention Act.

7. Premium Pay (if applicable).

Option A: Employee will receive premium pay for work performed in NYC under the Fair Workweek Law, if applicable.

Option B: Employee will receive a [Dollar amount or percentage] shift differential for night shift work.

Option C: Employee will receive call-in/call-back pay at [Dollar amount or percentage] for unscheduled work.

8. Benefits.

Employee is eligible for the following benefits:

• Health insurance: [Details of coverage and contributions]
• Vision insurance: [Details of coverage and contributions]
• Dental insurance: [Details of coverage and contributions]
• New York Paid Family Leave
• Statutory short-term disability benefits
• Paid sick leave, in compliance with NYC’s Earned Safe and Sick Time Act (if applicable).
• Vacation: [Number] days per year.
• Personal days: [Number] days per year.
• Holidays: [List of holidays, including New York state and local observances]
• Retirement plan: [Details of 401(k), New York Secure Choice, or union pension]

9. Uniforms, Tools, and PPE.

Option A: Employer will provide uniforms, required tools, and personal protective equipment (PPE).

Option B: Employee is responsible for providing their own hand tools. Employer will provide uniforms and PPE. A tool reimbursement of [Dollar Amount] per year will be provided.

Employee is responsible for the proper care and maintenance of all provided equipment.

10. Equipment and Vehicle Use.

Option A: Employee will be provided with a company vehicle for work-related travel. Employee must maintain a valid driver's license and provide a copy of their driving record.

Option B: Employee may be required to use employer's equipment, including keys and access cards. Employee is responsible for maintaining security and reporting any loss or damage immediately.

11. Workplace Safety.

Employee must adhere to all safety procedures and regulations, including OSHA requirements, site-specific safety protocols, and proper chemical handling procedures. Employee is responsible for reporting any workplace injuries immediately.

12. Confidentiality.

Employee agrees to maintain the confidentiality of Employer's operational information and any sensitive building or tenant data.

13. Intellectual Property.

Any inventions, designs, or improvements created by Employee during employment related to Employer’s business are the sole property of Employer.

14. Communication Devices.

Employee may be provided with a company-issued mobile device or radio. Usage must comply with Employer's policies.

15. Code of Conduct.

Employee is expected to maintain a professional appearance, interact respectfully with tenants and colleagues, and comply with all building rules and regulations. Impairment at work is strictly prohibited.

16. Anti-Harassment and Anti-Discrimination.

Employer prohibits harassment and discrimination based on race, gender, age, disability, sexual orientation, military/veteran status, or any other protected category under New York State and NYC Human Rights Law. Employees are encouraged to report any violations.

17. Union Membership (If Applicable).

This employment is [Subject to/Not subject to] a collective bargaining agreement with [Union Name]. Employee rights are protected under New York Labor Law.

18. Leave Procedures.

Requests for leave, including jury duty, bereavement, and voting leave, must be submitted to [Supervisor Title] with reasonable notice, in accordance with New York law.

19. Termination.

Employer may terminate employment at any time, with or without cause, subject to applicable notice requirements and New York law. Upon termination, Employee must return all Employer property.

20. Outside Employment/Conflict of Interest.

Employee must disclose any outside employment that may create a conflict of interest with Employer's business.

21. Non-Solicitation and Confidentiality.

During and after employment, Employee will not solicit Employer's clients or tenants. Confidentiality obligations survive termination of employment.

22. Alternative Dispute Resolution.

Any disputes arising out of this Agreement will be resolved through [Negotiation/Mediation/Arbitration] in New York, subject to applicable law.

23. Workers' Compensation.

Employee is covered by workers' compensation insurance. Employee must report any work-related injuries immediately.

24. Emergency Procedures.

Employee must be familiar with and follow emergency procedures, including fire safety and evacuation protocols.

25. Training.

Employer may require Employee to participate in safety or compliance training related to changing New York regulatory requirements.

26. Acknowledgement of Notices.

Employee acknowledges receipt of all required New York-specific notices, including the Wage Theft Prevention Act notice, anti-harassment materials, and whistleblower protections.

27. Governing Law.

This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

28. Severability.

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

29. Amendment.

This Agreement may be amended only by a written instrument signed by both parties.

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

____________________________

[Employer Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

____________________________

[Employee Name]