Ohio retail sales associate employment contract template

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How Ohio retail sales associate employment contract Differ from Other States

  1. Ohio minimum wage statutes apply; employment contracts must ensure compliance with Ohio's annually adjusted minimum wage rates.

  2. Ohio law restricts non-compete provisions more than many states, requiring reasonable time and geographic limitations.

  3. Ohio mandates specific final paycheck requirements and timelines that differ from other states and must be outlined in contracts.

Frequently Asked Questions (FAQ)

  • Q: Is overtime pay required for retail associates in Ohio?

    A: Yes, retail associates must be paid 1.5 times their regular rate for hours worked over 40 per week, as per Ohio law.

  • Q: Can an Ohio retail sales associate be hired as an at-will employee?

    A: Yes, Ohio is an at-will employment state, allowing employers or employees to terminate employment at any time, for any lawful reason.

  • Q: Does the contract need to specify break periods for associates?

    A: Ohio does not require employers to provide break periods, but it is best practice to clarify any break policies within the contract.

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Ohio Retail Sales Associate Employment Agreement

This Full-Time Ohio Retail Sales Associate Employment Agreement (the "Agreement") is made and entered into as of this [Date] by and between:

[Employer Full Legal Name], a [State] [Entity Type, e.g., Corporation], with its principal place of business at [Employer Business Address], Ohio Tax ID: [Employer Ohio Tax ID] (hereinafter referred to as "Employer")

and

[Employee Full Legal Name], residing at [Employee Address] (hereinafter referred to as "Employee").

1. Position and Scope of Employment

The Employer hereby employs the Employee as a Retail Sales Associate.

The Employee accepts such employment and agrees to perform the duties and responsibilities assigned to him/her by the Employer.

Duties:

Option A: The core duties of the Retail Sales Associate include, but are not limited to, customer service, merchandise stocking, product display organization, point-of-sale operation including handling cash and electronic payments, processing returns/exchanges consistent with Ohio consumer protection statutes, loss prevention, daily store opening/closing tasks, inventory audits, basic store cleaning/maintenance, and compliance with Ohio retail sales tax rules.

Option B: The core duties of the Retail Sales Associate are described in the attached Job Description (Exhibit A).

Work Location:

Option A: The primary work location shall be at the Employer's store located at [Store Address], Ohio.

Option B: The Employee may be required to work at other store locations within [Radius] miles of the primary work location, as needed. Any temporary reassignments will comply with Ohio law.

2. Term and At-Will Employment

The term of this Agreement shall commence on [Start Date].

At-Will Employment:

Option A: The employment relationship between the Employer and Employee is at-will, meaning that either party may terminate the employment relationship at any time, with or without cause, and with or without notice, subject to the terms contained herein.

Option B: The employment relationship between the Employer and Employee is at-will, meaning that either party may terminate the employment relationship at any time, with or without cause, and with or without notice, except where the terms of this Agreement specify otherwise.

3. Work Hours

The Employee's position is full-time.

Scheduled Hours:

Option A: The Employee's scheduled work hours will be approximately [Number] hours per week.

Option B: The Employee's work schedule will vary and will be provided to the Employee in advance.

The Employee may be required to work evenings, weekends, and/or holidays.

The Employee is required to accurately track their work hours using the Employer's designated timekeeping system, consistent with the Ohio Minimum Fair Wage Standards Act.

4. Overtime

The Employee shall be paid overtime at a rate of one and one-half (1.5) times their regular hourly rate for all hours worked in excess of forty (40) hours in a workweek, as required by Ohio law.

Clock-In/Out Procedures:

Option A: The Employee must clock in and clock out at the beginning and end of each shift, and for all meal breaks, using the [Timekeeping System].

Option B: The Employee's timekeeping responsibilities are outlined in the Employee Handbook.

Breaks:

Option A: The Employee is entitled to a [Length] minute unpaid meal break for each [Number] hour shift, as well as paid rest breaks as required by Ohio law. Voluntary unpaid meal breaks are common, but not legally mandated for adults, unless provided by company policy.

Option B: Break entitlements are detailed in the Employee Handbook.

5. Compensation

The Employer shall pay the Employee at an hourly rate of [Dollar Amount] per hour.

Payment Frequency:

Option A: The Employee shall be paid weekly.

Option B: The Employee shall be paid bi-weekly.

Method of Payment:

Option A: Payment shall be made via direct deposit.

Option B: Payment shall be made via check.

The Employee will receive a pay stub itemizing gross pay, deductions, and net pay, in compliance with Ohio wage statement laws.

6. Incentives and Bonuses

Sales Commissions:

Option A: The Employee is eligible to receive sales commissions in accordance with the Employer's commission plan, as outlined in Exhibit B.

Option B: The Employee is not eligible for sales commissions.

Bonuses:

Option A: The Employee may be eligible for discretionary or structured performance bonuses, at the Employer's sole discretion.

Option B: The Employee is eligible to receive a [Bonus Amount] bonus per [Bonus Frequency], based on achieving [Bonus Metrics].

Holiday Pay:

Option A: The Employee is eligible to receive holiday pay for the following Ohio state-recognized holidays: [List of Holidays].

Option B: The Employee is not eligible for holiday pay.

7. Benefits

The Employee may be eligible for certain benefits, subject to the terms and conditions of the Employer's benefit plans.

Health Insurance:

Option A: The Employee is eligible to participate in the Employer's health, dental, and vision insurance plans after [Number] days of employment. The employee's cost-share is [Percentage].

Option B: The Employer does not offer health, dental, or vision insurance benefits.

Retirement Plan:

Option A: The Employee is eligible to participate in the Employer's 401(k) plan after [Number] days of employment.

Option B: The Employer does not offer a retirement plan.

Paid Time Off (PTO):

Option A: The Employee shall accrue paid time off (vacation and sick leave) at a rate of [Number] hours per [Pay Period/Month]. Ohio-mandated civic/jury leave, and voting leave will be provided as required by law.

Option B: The Employee is entitled to [Number] days of paid vacation and [Number] days of paid sick leave per year.

Store Discounts:

Option A: The Employee is eligible for a [Percentage] discount on store merchandise.

Option B: The Employer does not offer store discounts.

8. Employee Conduct and Policies

The Employee shall adhere to all Employer policies and procedures, including those related to employee conduct, safety, and security.

Uniform:

Option A: The Employee is required to wear the Employer's designated uniform while on duty.

Option B: The Employee is required to adhere to the Employer's dress code, as outlined in the Employee Handbook.

Anti-Harassment and Equal Opportunity: The Employer is committed to providing a workplace free of harassment and discrimination. The Employee shall treat all customers and co-workers with respect and dignity. All conduct must align with Ohio civil rights statutes (Ch. 4112), addressing all protected classes under state law—including gender, age, disability, race, religion, pregnancy, veteran status, sexual orientation.

Confidentiality:

Option A: The Employee shall maintain the confidentiality of all customer data, store sales figures, pricing strategies, and proprietary store policies and procedures.

Option B: The Employee shall adhere to the confidentiality obligations outlined in the separate Confidentiality Agreement (Exhibit C).

Social Media: The Employee's social media activities must not misrepresent the store or its affiliated brands.

9. Inventory and Cash Handling

The Employee is responsible for accurate cash handling and inventory control.

Till Reconciliation: The Employee shall reconcile their till at the end of each shift.

Loss Prevention: The Employee shall report any instances of loss or theft to their supervisor immediately, as per Ohio retail best practices.

Fidelity Bonding:

Option A: The Employee may be subject to a fidelity bonding requirement.

Option B: The Employee is not subject to a fidelity bonding requirement.

10. Customer Interaction

The Employee shall provide excellent customer service and adhere to the Employer's customer interaction guidelines.

The Employee shall follow the Employer's upselling/cross-selling guidelines.

The Employee shall report any customer complaints or unsatisfactory incidents to their supervisor.

11. Exclusivity

Non-Competition:

Option A: During the term of employment, the Employee shall not be employed by any other retail business that directly competes with the Employer within a [Radius] mile radius.

Option B: The Employee is not restricted from engaging in other employment.

12. Background Checks and Verification

The Employer may conduct background checks and employment verification, in compliance with Ohio’s criminal records check rules and federal FCRA provisions.

13. Termination

Resignation: The Employee shall provide the Employer with [Number] weeks written notice of their resignation.

Involuntary Discharge:

Option A: The Employer may terminate the Employee's employment at any time, with or without cause, subject to applicable Ohio law.

Option B: The Employer may terminate the Employee's employment for cause, as defined in the Employee Handbook.

Final Paycheck: The Employee's final paycheck will be issued no later than the next regularly scheduled payday, in accordance with Ohio law.

Return of Property: Upon termination of employment, the Employee shall immediately return all Employer property, including uniforms, keys, and equipment.

14. Grievance and Dispute Resolution

The Employer and Employee shall attempt to resolve any disputes arising out of or relating to this Agreement through good faith negotiation.

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio.

Jurisdiction: Any legal action arising out of or relating to this Agreement shall be brought in the state or federal courts located in [County] County, Ohio.

15. Occupational Health and Safety

The Employer shall comply with all applicable Ohio public health regulations for retail.

The Employee shall report any workplace accidents or injuries to their supervisor immediately, following the Employer's workers' compensation procedures (including notice and claims process under Ohio Bureau of Workers’ Compensation).

16. Notices

The Employer shall post all required notices, including EEO, wage & hour, and workers' compensation, in a conspicuous location.

17. Youth Employees (If Applicable)

If the Employee is a minor, the Employer shall comply with all applicable Ohio child labor laws, including hour restrictions and work prohibitions.

18. Acknowledgement

The Employee acknowledges that they have read and understand this Agreement and agree to be bound by its terms.

Receipt of Employee Handbook:

Option A: The Employee acknowledges receipt of the Employer's Employee Handbook.

Option B: There is no employee handbook associated with this agreement.

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

[Employer Full Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Full Legal Name]

Date: [Date]

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