New York retail sales associate employment contract template

New York Retail Sales Associate Employment Contract

This New York Retail Sales Associate Employment Contract (the “Agreement”) is made and effective as of [Date] by and between [Employer Legal Name], a [State] [Entity Type] with its principal place of business at [Employer Address], and its store location(s) at [Store Address(es)] (the "Employer"), and [Employee Legal Name], residing at [Employee Address] (the "Employee").

1. Position

Option A: The Employer hires the Employee as a Full-time Retail Sales Associate.

Option B: The Employer hires the Employee as a Part-time Retail Sales Associate.

2. Job Duties

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

• Providing excellent customer service.
• Processing sales transactions using the point-of-sale (POS) system.
• Restocking merchandise and maintaining inventory levels.
• Handling cash and other forms of payment accurately.
• Maintaining in-depth product knowledge.
• Creating visually appealing product displays and merchandising.
• Assisting with promotional activities and events.
• Contributing to loss prevention efforts.
• Processing returns, exchanges, and refunds.
• Maintaining a clean and organized store environment.
• Adhering to the store's dress code and personal appearance standards.

3. Reporting Structure

Option A: The Employee will report directly to [Direct Supervisor Name], [Direct Supervisor Title].

Option B: The Employee will report to the [Team Name] team lead and ultimately to [Direct Supervisor Name], [Direct Supervisor Title].

4. Work Location & Travel

Option A: The Employee's primary work location will be at the Employer's retail store located at [Store Address] in New York. This is an in-person, floor-based role.

Option B: The Employee may be required to work at other store locations within [City/Region]. The employee may be required to travel for [Brief description of travel requirements].

5. Work Schedule & Hours

The Employee is a full-time employee and will work a minimum of [Number] hours per week.

Option A: The regular work schedule will be [Days of the Week], [Start Time] to [End Time].

Option B: The work schedule will vary and may include weekends, evenings, and holidays.

The Employee is entitled to rest and meal breaks in accordance with New York Labor Law.

Overtime will be paid at a rate of one and one-half times the Employee's regular hourly rate for all hours worked over 40 in a workweek, as required by New York State law.

6. Compensation

The Employee's hourly wage will be [Dollar Amount] per hour.

Overtime will be paid at a rate of one and one-half times the Employee's regular hourly rate for all hours worked over 40 in a workweek, as required by New York State law.

The Employee will be paid [Weekly/Bi-weekly/Semi-monthly] via [Direct Deposit/Paycheck].

The Employee will receive an itemized wage statement with each paycheck, as required by the New York Wage Theft Prevention Act, including rate of pay, deductions, and hours worked per pay period.

7. Tips & Commissions

Option A: The Employee is eligible to receive tips. Tips will be reported and distributed according to store policy and applicable New York law.

Option B: The Employee is eligible to receive commissions based on [Commission Structure Description].

8. Employee Benefits

The Employee is eligible for the following benefits, subject to the terms and conditions of the applicable benefit plans:

• Medical Insurance: [Yes/No]
• Vision Insurance: [Yes/No]
• Dental Insurance: [Yes/No]
• Paid Time Off (PTO): [Number] days of vacation and [Number] days of sick leave per year, accrued as per New York State and NYC law (if applicable).
• Family Leave: In compliance with New York State Paid Family Leave.
• Paid Public Holidays: [List of Paid Holidays].
• Employee Discount: [Discount Percentage] on store merchandise.
• Retirement Plan: [401(k) / Other]
• Tuition/Training Reimbursement: [Yes/No, and details if yes]
• Transit/Commuter Benefits: [Yes/No, and details if yes]

9. Probationary Period

Option A: The Employee will be subject to a [Number]-day probationary period.

During this period, the Employee's performance will be evaluated based on [Evaluation Criteria].

Option B: There is no probationary period.

10. Performance Expectations

The Employee's performance will be evaluated based on the following metrics:

• Sales Targets: [Sales Goals]
• Customer Satisfaction Scores: [Target Score]
• Store Presentation Standards: [Specific Expectations]

Performance reviews will be conducted [Frequency].

11. Cash Handling & Security

The Employee is responsible for the accurate handling of cash and other forms of payment.

The Employee must adhere to all store security procedures and report any suspicious activity or loss.

The Employee is obligated to cooperate fully in any investigations related to cash handling or security.

12. Workplace Safety

The Employee must comply with all applicable workplace safety standards under New York Labor Law, OSHA, and specific NY retail environment requirements.

The Employee will receive training on safe lifting, workplace violence prevention, and other relevant safety topics.

The Employee must report any on-the-job injuries or incidents immediately to [Designated Person/Department].

13. Sexual Harassment Prevention

The Employer has a zero-tolerance policy for sexual harassment.

The Employee must comply with the Employer's Sexual Harassment Prevention Policy, which is compliant with New York State law.

The Employee will receive annual sexual harassment prevention training.

Protected classes include race, gender, sexual orientation, age, disability, and national origin.

14. Accommodation Requests

The Employer will provide reasonable accommodations for disabilities, pregnancy, and religious beliefs, in compliance with the New York Human Rights Law.

Employees should submit accommodation requests to [Designated Person/Department].

15. Dress Code & Uniform

Option A: The Employee must adhere to the store's dress code, as outlined in [Document Name/Location].

Option B: The Employee will be provided with a uniform, which must be worn during all work hours. The Employer will be responsible for maintaining the uniform.

Note: The employer will provide uniform maintenance pay if applicable.

16. Use of Store Equipment

The Employee is authorized to use store equipment (registers, scanners, radios) only for authorized business purposes.

The Employee is responsible for safeguarding store keys and codes.

17. Employee Purchases & Discounts

The Employee may purchase merchandise at a discount, subject to the Employer's policies.

The Employee must comply with the Employer's gift and return policies.

18. Confidentiality

The Employee must maintain the confidentiality of all proprietary and confidential information, including customer data and internal procedures.

The Employee shall not disclose any such information to any third party during or after employment.

19. At-Will Employment

The Employee's employment is "at-will," meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause, subject to New York law.

20. Termination

The employment may be terminated under the following circumstances:

• Voluntary Termination: By the Employee, with [Number] days' written notice.
• Involuntary Termination: By the Employer, with cause.
• Termination for Cause: Includes, but is not limited to, violation of company policy, misconduct, or poor performance.
• Economic Layoff: Due to business necessity.

Upon termination, the Employee will receive their final wages, including any accrued and unused vacation time (if applicable), in accordance with New York law.

The Employee must return all uniforms, keys, equipment, and other company property upon termination.

21. Dispute Resolution

Any disputes arising out of or related to this Agreement will be resolved through good-faith direct discussion.

If direct discussion is unsuccessful, the parties agree to mediate the dispute before resorting to litigation or arbitration.

The exclusive venue for any legal action will be in the state courts of New York.

22. Compliance with Laws

The Employer will comply with all applicable New York laws, including Workers' Compensation, Unemployment Insurance, Disability Benefits, and Paid Family Leave.

23. Unionization

Option A: The Employer is a unionized workplace, and the Employee's employment is subject to the terms of the collective bargaining agreement between the Employer and [Union Name].

Option B: The Employer is not a unionized workplace. Employees have the right to organize under NY and federal labor law.

24. Onboarding & Training

The Employee will receive onboarding and training on company policies and procedures.

The Employee is responsible for reviewing and adhering to all policies and training manuals, which may be updated from time to time.

25. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.

This Agreement may be modified only in writing, signed by both parties.

26. Acknowledgement

The Employee acknowledges receipt of the Wage Theft Prevention Act notice and all referenced policies.

By signing below, the parties acknowledge that they have read, understood, and agree to the terms and conditions of this Agreement.

____________________________

[Employer Representative Name]

[Employer Representative Title]

[Date]

____________________________

[Employee Legal Name]

[Date]