North Dakota bookkeeper employment contract template
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How North Dakota bookkeeper employment contract Differ from Other States
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North Dakota does not require state income tax withholding for nonresidents, impacting payroll procedures for bookkeepers.
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Employment agreements must comply with North Dakota’s unique at-will employment exceptions, which differ from other states’ statutes.
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North Dakota law mandates specific recordkeeping for employee wage and hour documentation, which must be addressed in the contract.
Frequently Asked Questions (FAQ)
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Q: Is an employment contract required for bookkeepers in North Dakota?
A: While not legally required, a written contract helps clarify duties, compensation, and legal obligations for both parties.
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Q: How does North Dakota’s at-will employment doctrine affect bookkeeper contracts?
A: North Dakota presumes employment is at-will, but written contracts may specify notice periods or termination conditions.
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Q: Are there special wage or overtime requirements for bookkeepers in North Dakota?
A: Bookkeepers are generally covered by state and federal wage and hour laws, including overtime, unless classified as exempt employees.
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North Dakota Bookkeeper Employment Agreement
This North Dakota Bookkeeper Employment Agreement (the “Agreement”) is made and entered into as of [Date of Signing], by and between [Employer Legal Name], with its principal place of business at [Employer Address], hereinafter referred to as “Employer,” and [Employee Legal Name], residing at [Employee Address], hereinafter referred to as “Employee.”
1. Position and Duties
The Employer hereby employs the Employee as a Bookkeeper.
Option A: The Employee's primary duties shall include, but not be limited to:
- Maintaining the company’s general ledger.
- Processing accounts payable and accounts receivable.
- Reconciling bank statements.
- Completing payroll duties, including North Dakota-specific tax filings.
- Preparing financial statements and reports.
- Ensuring timely invoicing and collections.
- Tracking fixed assets.
- Handling petty cash.
- Monitoring budgets.
- Interfacing with auditors and tax preparers.
- Preparing supporting schedules and documentation for North Dakota and federal tax filings.
- Ensuring compliance with North Dakota-specific sales and use tax rules.
- Maintaining digital and physical financial records according to North Dakota regulations.
Option B: The Employee's job description, attached as Exhibit A, outlines all duties.
The Employee's direct supervisor is [Supervisor Name].
2. Accounting Authority and Access
The Employee will have the following accounting authority and access:
Option A: Full access to the company's accounting software, [Accounting Software Name].
Option B: Limited access to [Specific Modules/Accounts] within the accounting software, [Accounting Software Name].
The Employee's permission level within the accounting software is [Permission Level].
The Employee is required to report any suspected fraud or financial discrepancies immediately to [Supervisor Name/Designated Authority].
3. Employment Nature and Working Hours
This is a full-time employment position.
Option A: The Employee's regular working hours are [Start Time] to [End Time], Monday through Friday, at the office located at [Office Location in North Dakota].
Option B: The Employee's regular working hours are [Number] hours per week, as agreed upon with their supervisor.
Remote work is [Permitted/Not Permitted]. If permitted, the Employee must adhere to the company's data security standards for remote access, as outlined in Exhibit B, which are in alignment with North Dakota data privacy laws for financial data.
The Employer will provide the Employee with the necessary equipment for their role.
4. Overtime
Overtime will be compensated in accordance with North Dakota law.
Option A: Overtime will be paid at a rate of one and one-half (1.5) times the Employee’s regular hourly rate for all hours worked over forty (40) in a workweek. All overtime must be pre-approved by [Supervisor Name].
5. Compensation
The Employer shall pay the Employee the following compensation:
Option A: A base salary of [Salary Amount] per year, payable [Pay Frequency, e.g., bi-weekly].
Option B: An hourly rate of [Hourly Rate] per hour, payable [Pay Frequency, e.g., bi-weekly].
Payment will be made via [Payment Method, e.g., direct deposit].
The Employee will receive a wage statement with each paycheck, as required by North Dakota statute.
Option A: The Employee is eligible for a performance-based bonus of up to [Bonus Percentage]% of their annual salary, based on [Bonus Criteria, e.g., audit readiness, error-free reporting].
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.
- Employer-funded retirement plan (e.g., SIMPLE IRA or 401(k)). Eligibility and vesting schedules will be provided separately.
- Paid time off ([Number] days per year).
- Sick leave ([Number] days per year).
- Holidays recognized in North Dakota ([List of Holidays]).
- Family and medical leave allowances, in line with the North Dakota Human Rights Act.
7. Reimbursement
The Employer will reimburse the Employee for the following expenses, subject to the Employer's expense reimbursement policy:
- Continuing education required to maintain bookkeeping or local accounting certifications.
- Professional membership dues related to the Employee's role.
- Travel expenses for external audit meetings or tax authority visits.
8. Confidentiality and Data Privacy
The Employee agrees to maintain the confidentiality of all Employer and client financial information, trade secrets, personnel records, and other confidential information. This obligation survives termination of employment. The Employee must comply with all applicable North Dakota privacy statutes and federal GLBA if applicable.
9. Intellectual Property
All work product, financial procedures, custom ledger templates, or documentation developed by the Employee during the course of their employment shall be the sole property of the Employer.
10. Conflict of Interest
The Employee agrees not to engage in any activity that creates a conflict of interest with the Employer.
Option A: The Employee is prohibited from moonlighting or performing external bookkeeping work for clients or competitors without prior written consent from the Employer.
Option B: The Employee must disclose any outside financial interests that could potentially conflict with the Employer’s interests.
11. Restrictive Covenants
Option A: The Employee agrees not to solicit the Employer's clients or employees for a period of [Number] months following termination of employment.
Option B: (Non-Compete - use cautiously and tailored to be reasonable under ND law): For a period of [Number] months following termination of employment, the Employee agrees not to engage in work as a bookkeeper within [Geographic Area].
12. Standards of Conduct and Ethics
The Employee agrees to adhere to the highest standards of conduct and ethics, including those outlined by the North Dakota Board of Accountancy and relevant professional organizations such as AIPB or NACPB. The Employee must adhere to company policies regarding ethical handling of funds, maintain a zero tolerance for embezzlement, and participate in anti-fraud training.
13. 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 or notice, subject to applicable North Dakota law.
Option A: The Employer may provide [Number] days' notice of termination.
Option B: There is no requirement for advance notice of termination.
Upon termination, the Employer will provide the Employee's final paycheck by the next regular payday, as required by North Dakota law.
14. Workplace Notices and Posters
The Employer will post required workplace notices and posters regarding workers' compensation, wage and hour laws, and whistleblower protections, as required by North Dakota statutes.
15. Anti-Discrimination and Anti-Harassment
The Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, religion, sex, national origin, age, disability, marital or familial status, sexual orientation, or any other protected category under federal law and the North Dakota Human Rights Act.
16. Dispute Resolution
Any dispute arising out of or relating to this Agreement shall be resolved as follows:
Option A: First, through internal review by [Designated Internal Reviewer].
Option B: Second, through mediation in [City, North Dakota].
Option C: Finally, if mediation is unsuccessful, through arbitration in [City, North Dakota], in accordance with the rules of the American Arbitration Association.
This Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota. Venue for any litigation shall be in [County, North Dakota].
17. Workers' Compensation
The Employee is covered by the Employer's workers' compensation insurance policy, as required by North Dakota Workforce Safety & Insurance law.
18. Mandatory Reporting
The Employee is required to participate in mandatory reporting or whistleblower protocols involving financial malfeasance or violations of trust in North Dakota businesses.
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 Legal Name]
Date: [Date]