New York production worker employment contract template

New York Production Worker Employment Agreement

This Full-Time Production Worker Employment Agreement (the “Agreement”) is made and effective 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 Full Legal Name], residing at [Employee Address] (“Employee”).

1. Role and Responsibilities

• The Employer hires Employee as a Production Worker.
• Employee will report to [Line Supervisor Name/Title].
• Employee will be a member of the [Production Team Name/Department] team.
• Employee will participate in [Shift Handovers/Workplace Meetings].
• The Employee's duties will include:
  • Operating manufacturing machinery.
  • Assembly line tasks.
  • Materials handling.
  • Equipment maintenance (within permissible limits).
  • Reporting malfunctions.
  • Option A: Supervising machine operation.
  • Option B: Adhering to production schedules.
  • Quality control.
  • Performing manual labor.
  • Using personal protective equipment (PPE).
  • Complying with safety protocols.
  • Participating in mandatory safety trainings.
  • Workplace housekeeping.
  • Following Employer’s Standard Operating Procedures (SOPs).

2. Work Location

• Employee’s primary work location is [Facility Address, City, NY].
• Employer may reassign Employee to other production locations within New York.
• Employee will adhere to site-specific protocols, including OSHA and NY Industrial Code Rules.
• Employee will comply with security check-in/out requirements.
• Option A: Employee will be issued a uniform and PPE.
• Option B: Employee is responsible for providing required PPE.

3. Employment Status and Work Schedule

• Employee is a full-time, non-exempt employee under New York law.
• The standard workweek is 40 hours per week.
• Employee’s shift schedule is [Shift Schedule, e.g., Monday-Friday, 8:00 AM - 5:00 PM].
  • Option A: Rotating shifts may be required.
  • Option B: Evening or weekend shifts may be required.
• Employee is entitled to minimum rest periods as per New York Wage Orders and meal break rules under NY Labor Law.
  • Option A: A [Number]-minute unpaid meal break will be provided.
  • Option B: A [Number]-minute paid rest break will be provided.

4. Overtime Pay

• Employee will be paid overtime at 1.5 times their regular rate for hours worked over 40 in a workweek, as required by New York law.
• Overtime is calculated based on the employee's regular hourly rate.
• All overtime work must be pre-approved by [Supervisor Name/Title].

5. Compensation

• Employee’s initial wage is [Pay Rate] per [Hour/Year].
• Option A: Wage increases will be considered based on performance and company policy.
• Option B: Wage increases will be determined based on the collective bargaining agreement.
• Employer's wage deduction policy adheres to NYS Labor Law, detailing all deductions permitted.
• Employee will be paid [Weekly/Bi-weekly] in accordance with New York law for manual workers.
  • Option A: Pay will be delivered via direct deposit.
  • Option B: Pay will be delivered via paycard.

6. Incentive Pay

• Option A: Employee may be eligible for production-related incentive pay, including:
  • Piece rates.
  • Shift differentials.
  • Attendance bonuses.
  • Option 1: Hazard pay (if exposed to higher risks).
  • Option 2: Productivity bonuses linked to unit output.
• Option B: Employee’s wage rate is determined by the collective bargaining agreement with [Union Name].

7. Benefits

• Employee is eligible for benefits coverage, including:
  • Health, dental, and vision insurance (subject to eligibility and cost-sharing).
  • Retirement plans (401(k) or NYS-required retirement plan options).
  • Paid time off (vacation, NYS sick leave, NY Paid Family Leave, paid holidays, personal days, bereavement leave).
  • Employer-provided or state-supported disability and workers’ compensation insurance.
• Detailed benefits information will be provided separately.

8. Other Benefits and Allowances

• Option A: PPE/clothing allowance of [Amount] per [Time Period].
• Option B: Laundry service provided.
• Option C: Parking or commuter subsidies are provided.
• Employee Assistance Program (EAP) is available.
• Job-specific training or certification will be provided, including mandatory trainings for machinery and hazardous materials.

9. Occupational Health and Safety

• Employer complies with OSHA federal standards, NY Labor Law Article 7, and NYS Industrial Code Rule 56.
  • Option A: Specific procedures relating to asbestos exposure will be followed (if applicable).

10. Workplace Conduct

• Workplace misconduct includes:
  • Horseplay.
  • Dangerous behavior.
  • Noncompliance with lockout/tagout procedures.
  • Breaches of machine safety rules.
  • Unauthorized machine adjustments.
  • Falsifying production records.

11. Confidentiality

• Employee must maintain the confidentiality of proprietary processes, trade secrets, and sensitive manufacturing data.
• Unauthorized disclosure of production techniques or quality control findings is prohibited.

12. Intellectual Property

• Employee inventions in the course of production work that may be patentable or protectable as trade secrets are owned by the Employer.

13. Non-Solicitation/Non-Disclosure

• Option A: During employment and for [Number] months after termination, Employee shall not solicit employees of Employer.
• Option B: This section intentionally omitted, considering NYS non-compete restrictions.

14. Termination

• Employment is at-will, as permitted under New York law.
• Employer may terminate employment with or without cause, subject to applicable laws.
• Option A: Employee must provide [Number] weeks’ notice of resignation.
• Procedure for termination due to serious safety violations or repetitive policy breaches is outlined in the employee handbook.
• Upon termination, Employee must return all company property.
• Final wage payments will be made in accordance with New York State wage payment timing law.

15. Non-Retaliation

• Retaliation for whistleblowing, workplace safety complaints, or reporting of labor violations is prohibited, as per NY Labor Law Section 740.

16. Anti-Discrimination/Equal Opportunity

• Employer is an equal opportunity employer and prohibits discrimination based on race, color, creed, sex, national origin, age, disability, sexual orientation, gender identity, marital status, domestic violence victim status, arrest/conviction records, or any other protected category under the New York State Human Rights Law.

17. Complaint and Grievance Process

• Employee may report safety, wage, or discrimination concerns to [Contact Person/Department].
• Option A: Union grievance procedures are outlined in the collective bargaining agreement.

18. On-the-Job Injuries

• Employee must report on-the-job injuries immediately to [Contact Person/Department].
• Employer participates in the NYS-mandated workers’ compensation program.
• Employee rights under the NY HERO Act (airborne infectious disease safety) are acknowledged.

19. Timekeeping

• Employee must accurately record hours worked using the [Manual/Digital] punch system.
• Off-the-clock work is strictly prohibited.

20. Required Postings

• Employer acknowledges postings for minimum wage, wage theft prevention, and New York Labor Law 195 written notice of pay rate and overtime eligibility.

21. Assignment and Change of Duty

• Employer may reassign Employee to different production lines, machines, or shifts as needed.
• Advance notice will be provided where feasible.

22. Drug and Alcohol Policy

• Employer has a drug and alcohol policy focused on workplace safety.
• The policy addresses impairment standards rather than mere presence of substances, compliant with NY's rules related to medical marijuana.

23. Wage Transparency

• Employee acknowledges receipt of salary or wage range as required by NY law.

24. Dispute Resolution

• Employer encourages internal resolution of disputes.
• Option A: Disputes may be escalated to the NYS Department of Labor.
• Option B: Disputes will be resolved through binding arbitration in accordance with New York law.
• New York law and venue shall govern any court actions.

25. Modification of Policies

• Employer reserves the right to modify company policies with notice to Employee, as permitted under NY law.

26. Union Rights

• Option A: This is a union shop. Union rights are governed by the collective bargaining agreement with [Union Name].
• Option B: Employee acknowledges notice of union dues or agency fees.
• Option C: This is a non-union shop.

27. Entire Agreement

• This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

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 Full Legal Name]