North Dakota executive assistant employment contract template

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How North Dakota executive assistant employment contract Differ from Other States

  1. North Dakota follows 'at-will' employment but certain state laws provide unique exceptions and guidelines for contract termination.

  2. Specific North Dakota labor laws regulate overtime eligibility and wage payments beyond federal minimum standards.

  3. Employee non-compete and confidentiality clauses must account for North Dakota statutes, which may differ from other states.

Frequently Asked Questions (FAQ)

  • Q: Is written employment necessary for executive assistants in North Dakota?

    A: Written contracts are not required by North Dakota law but are highly recommended to clarify duties, pay, and terms.

  • Q: Are non-compete agreements enforceable in North Dakota executive assistant contracts?

    A: North Dakota strictly limits non-compete agreements, making most employee restrictions unenforceable except in special cases.

  • Q: What should be included in an executive assistant contract in North Dakota?

    A: Include job description, compensation, work hours, benefits, contract duration, and confidentiality provisions complying with state law.

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North Dakota Executive Assistant Employment Contract

This North Dakota Executive Assistant Employment Contract (the "Agreement") is made and entered into as of [Date] by and between [Employer Full Legal Name], a [State] [Entity Type] with its principal place of business at [Employer Address] ("Employer"), and [Employee Full Legal Name], residing at [Employee Address] ("Employee").

WHEREAS, Employer desires to employ Employee as an Executive Assistant; and

WHEREAS, Employee desires to accept such employment.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. Employment

The Employer hereby employs the Employee, and the Employee hereby accepts employment with the Employer, as a full-time Executive Assistant.

Position Title: Executive Assistant

2. Job Description

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

  • Comprehensive executive administrative support.
  • Complex calendar and meeting management for [Executives' Names or Titles].
  • Travel and expense coordination.
  • Drafting confidential correspondence.
  • Preparing documents and presentations.
  • Recordkeeping and data entry.
  • Event and logistics organization.
  • Serving as a liaison between vendors, clients, and the executives.
  • Prioritizing and triaging communications.
  • Document retention according to company policy.
  • Other duties as assigned.

The Employee is expected to be proficient in the following software and tools: [List of Software and Tools, e.g., Microsoft Office Suite, Google Workspace, Scheduling Platforms, Communication Tools].

3. Reporting Structure

Option A: The Employee will report directly to [Executive Name or Title].

Option B: The Employee will report to the [Department Name] Manager.

4. Work Location

Option A: The primary work location shall be the Employer's business premises located at [Employer Address in North Dakota].

Option B: The Employee will work remotely. Specific provisions are outlined below:

  • The Employee will work remotely [Number] days per week.
  • The Employer will provide the following hardware: [List of Hardware].
  • The Employee agrees to maintain a secure and private workspace, adhering to the Employer's cybersecurity protocols.
  • The Employee is expected to maintain a high level of productivity while working remotely, as determined by [Specific Metrics or Expectations].

5. Employment Type and Work Hours

This is a full-time employment position.

Option A: The Employee's regular business hours shall be [Start Time] to [End Time], [Days of the Week].

Option B: The Employee's schedule will vary, but the employee will work approximately [Number] hours per week.

Overtime:

  • Option A: The Employee is [Exempt/Non-Exempt] from overtime pay under the Fair Labor Standards Act (FLSA). If non-exempt, 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, as required by North Dakota law.
  • Option B: The Employee is not eligible for overtime compensation.

Break Periods: The Employee is entitled to [Number] minute(s) of paid break for every [Number] hours of work and [Number] minute(s) for lunch break, in accordance with North Dakota labor laws.

On-Call/After-Hours Support:

  • Option A: The Employee [is/is not] required to provide on-call or after-hours support. If required, the terms are as follows: [Specific Terms of On-Call/After-Hours Support].
  • Option B: The Employee is [is/is not] required to monitor emails after working hours.

6. Compensation

Option A: The Employer shall pay the Employee an annual salary of [Dollar Amount], payable [Frequency, e.g., bi-weekly].

Option B: The Employer shall pay the Employee an hourly wage of [Dollar Amount], payable [Frequency, e.g., bi-weekly].

Payroll Method: Payments will be made via [Method, e.g., direct deposit].

Bonuses:

  • Option A: The Employee is eligible for a performance-based bonus, the terms of which are outlined in [Document Name or Description of Bonus Plan].
  • Option B: The Employee is not eligible for a performance-based bonus.

Expense Reimbursement: The Employee will be reimbursed for reasonable and necessary business expenses incurred in the performance of their duties, in accordance with the Employer's expense reimbursement policy, which is available at [Location of Policy, e.g., Company Intranet]. All expense reports must be submitted with appropriate documentation.

7. Benefits

The Employee is eligible to participate in the Employer's benefit plans, subject to the terms and conditions of those plans, including:

  • Health Insurance: [Description of Health Insurance Coverage]
  • Vision Insurance: [Description of Vision Insurance Coverage]
  • Dental Insurance: [Description of Dental Insurance Coverage]
  • Retirement Contributions (401(k) or other): [Description of Retirement Plan and Employer Contribution]
  • Paid Time Off (PTO): [Number] days per year, accruing according to the Employer's PTO policy.
  • Sick Days: [Number] days per year.
  • Company/Federal/State Holidays: [List of Holidays or Reference to Holiday Schedule]
  • Family Leave: Family leave policies are governed by applicable federal law (FMLA) and Employer's policy.
  • Additional Fringe Benefits: [List of Additional Benefits, e.g., Wellness Stipend, Professional Development].

8. Confidentiality

The Employee acknowledges that, in the course of their employment, they will have access to confidential and proprietary information of the Employer, its executives, clients, and customers. This information includes, but is not limited to, business plans, financial data, client lists, trade secrets, and personnel information. The Employee agrees to hold all such information in strict confidence and not to disclose it to any third party, either during or after their employment with the Employer. This obligation of confidentiality shall survive the termination of this Agreement.

9. Data Privacy and Security

The Employee agrees to comply with all applicable data privacy laws and regulations, including North Dakota's Computer Crimes Law, and the Employer's data security policies. The Employee shall take all reasonable precautions to protect the confidentiality, integrity, and availability of all data to which they have access. Upon termination of employment, the Employee shall immediately return all company devices and delete any confidential information from personal devices.

10. Intellectual Property

The Employee agrees that all materials, documents, templates, presentations, or any other proprietary information developed or handled by the Employee during their employment with the Employer, shall be the sole and exclusive property of the Employer. The Employee hereby assigns to the Employer all right, title, and interest in and to such intellectual property.

11. Conflict of Interest and Non-Solicitation

Conflict of Interest: The Employee agrees not to engage in any activity that creates a conflict of interest with the Employer. The Employee shall disclose any potential conflicts of interest to the Employer immediately.

Non-Solicitation: During the term of employment and for a period of [Number] months following termination of employment, the Employee agrees not to solicit, directly or indirectly, any employees, clients, or customers of the Employer for any business that is competitive with the Employer's business.

12. Non-Compete

Option A: Employee agrees for a period of [Number] months following the termination of their employment, the Employee shall not, directly or indirectly, engage in any business or employment that is competitive with the Employer's business within a [Number] mile radius of [Employer Address in North Dakota]. The parties acknowledge that this restriction is reasonable in scope, geography, and duration.

Option B: There is no Non-Compete provision in this agreement.

13. Behavioral Standards

The Employee shall conduct themselves in a professional and ethical manner at all times. This includes maintaining a respectful and courteous demeanor, adhering to the Employer's policies on workplace conduct, personal device usage, social media, anti-harassment, and anti-discrimination. The Employee is expected to dress professionally, as befitting the role of Executive Assistant.

14. Termination

Voluntary Resignation: The Employee may resign from their employment by providing the Employer with [Number] days' written notice.

Employer-Initiated Termination: The Employer may terminate the Employee's employment at any time, with or without cause, consistent with North Dakota's at-will employment doctrine.

Termination for Cause: The Employer may terminate the Employee's employment immediately for cause, including, but not limited to, gross misconduct, breach of confidentiality, or violation of company policy.

Final Wage Payment: Upon termination of employment, the Employee shall be paid all wages due and owing, at or before the next regular payday, in accordance with North Dakota law.

Exit Interview and Return of Property: Upon termination of employment, the Employee shall participate in an exit interview and return all Employer property, including, but not limited to, computers, mobile phones, documents, and access cards.

15. Grievance Procedure

The Employee shall first make a good-faith effort to resolve any complaint or grievance informally with their supervisor. If such informal effort fails to resolve the complaint, the Employee may submit a written complaint to [Designated Person or Department], who will investigate the complaint and provide a written response within [Number] days.

16. Equal Employment Opportunity

The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, marital status, or any other characteristic protected by law.

17. Workers' Compensation and Workplace Safety

The Employer provides workers' compensation insurance in accordance with North Dakota law. The Employee agrees to adhere to all workplace safety protocols and report any workplace injuries or hazards to the Employer immediately. The Employer will provide information on safety and ergonomic standards.

18. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota. Any dispute arising out of or relating to this Agreement shall be resolved in the state courts located in [County Name] County, North Dakota.

Option A: The parties agree to attempt to resolve any dispute through good-faith negotiation and mediation before resorting to litigation.

Option B: Any dispute arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.

19. Professional Licensure and Continuing Education

Option A: The Employee is responsible for maintaining any required professional licenses or certifications relevant to their position.

Option B: The employer will provide funding for approved continuing education opportunities relevant to the position up to [Dollar Amount] per year.

20. Background Checks

This offer of employment is contingent upon the successful completion of a background check, including [Specify Types of Background Checks, e.g., criminal history, employment verification].

21. Breach of Agreement

Any breach of this Agreement, including, but not limited to, breach of confidentiality, misuse of information, or violation of company policy, may result in disciplinary action, up to and including termination of employment.

22. 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 Full Legal Name]

By: [Employer Name]

Title: [Employer Title]

[Employee Full Legal Name]

Signature: [Employee Signature]

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