Oregon graphic designer employment contract template
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How Oregon graphic designer employment contract Differ from Other States
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Oregon law requires specific wording for non-compete agreements, making them more restrictive than in many other states.
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Oregon mandates higher minimum wage rates in some regions, impacting wage and benefit terms in employment contracts.
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Oregon’s final paycheck laws require prompt payment upon termination, which must be reflected in employment contract terms.
Frequently Asked Questions (FAQ)
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Q: Is a non-compete clause enforceable in Oregon for graphic designers?
A: Only under strict conditions. The employer must meet specific legal criteria, and restrictions must be reasonable in scope and duration.
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Q: What are Oregon’s requirements for overtime pay in graphic design roles?
A: Oregon law requires non-exempt employees, including many designers, to receive overtime for hours worked over 40 per week.
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Q: Are termination notice periods required by Oregon law?
A: Oregon does not require advance notice for termination, but final paychecks must be provided quickly after employment ends.
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Oregon Graphic Designer Employment Contract
This Full-Time Graphic Designer Employment Contract ("Agreement") is made and entered into as of [Date] by and between:
- [Employer Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address, City, State, Zip Code] ("Employer"), and
- [Employee Name], residing at [Employee Address, City, State, Zip Code] ("Employee").
WHEREAS, Employer desires to employ Employee as a Full-Time Graphic Designer, and Employee desires to be so employed.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:
1. Employment
- The Employer hires the Employee, and the Employee accepts employment with the Employer as a Full-Time Graphic Designer, based at [Oregon Work Location Address, or "Remote"], Oregon.
2. Job Duties
- The Employee's primary job duties will include:
- Creation of original visual artwork.
- Digital and print design.
- Branding assets.
- Advertising graphics.
- User interface elements.
- Digital illustration.
- Layout composition.
- Adherence to design briefs and brand guidelines.
- Preparation of artwork for production (including print-ready files).
- Photo editing.
- Typography.
- Use of graphic design software (e.g., Adobe Creative Cloud, Figma, Sketch, InDesign, Photoshop, Illustrator).
- Asset management and file organization.
- Participation in creative meetings and design critiques.
- Direct collaboration with marketing, product, and development teams.
- Interpretation of client/internal feedback.
- Project management using industry tools (e.g., Asana, Trello, Jira).
- Employee will report to [Supervisor Name and Title].
3. Full-Time Status and Work Schedule
- Employee's employment is classified as full-time under Oregon law.
- Standard weekly hours: [Number] hours.
- Option A: Regular work schedule is [Start Time] to [End Time], Monday through Friday.
- Option B: The work schedule may vary based on project needs.
- Overtime: Employee is eligible for overtime compensation in accordance with Oregon wage and hour laws. All overtime must be pre-approved by [Supervisor Name/Title].
- Meal and Rest Breaks: Employee will receive meal and rest breaks as required by Oregon BOLI regulations.
- Remote Work:
- Option A: Employee will work remotely. Employer will provide [List of Hardware/Software]. Employee is responsible for maintaining a secure workspace compliant with Employer's data security policies. Employee acknowledges that their remote work location is in Oregon and is responsible for all applicable Oregon tax obligations.
- Option B: Employee will work on a hybrid schedule of [Number] days in office and [Number] days remote.
- Option C: Employee is expected to work primarily from the Employer's physical location.
4. Compensation
- Base Salary: [Dollar Amount] per [Year/Month/Pay Period]
- Option A: Paid [Weekly/Bi-Weekly/Semi-Monthly/Monthly].
- Hourly Wage: [Dollar Amount] per hour.
- Overtime Rate: 1.5 times the regular hourly rate as required by Oregon law.
- Bonuses/Commissions:
- Option A: Employee is eligible for performance-based bonuses, as determined by Employer, based on [Criteria, e.g., deliverables, production goals, project completion].
- Option B: Employee is not eligible for bonuses or commissions.
- Travel Reimbursement: Employer will reimburse Employee for reasonable and necessary travel expenses incurred in the performance of their duties, subject to Employer's travel policy.
5. Benefits
- Paid Sick Leave: Employee will accrue and use paid sick leave in accordance with Oregon's Paid Sick Leave law.
- Paid Vacation/PTO: Employee will accrue [Number] days of paid vacation/PTO per [Year/Month/Pay Period].
- Holidays: Employee is entitled to the following paid holidays: [List of Holidays].
- Health Insurance: Employer offers health, dental, and vision insurance through [Insurance Provider Name].
- Retirement:
- Option A: Employer will enroll Employee in OregonSaves.
- Option B: Employer offers a 401(k) plan. Employee is eligible to participate after [Number] months of employment.
- Professional Development: Employer will provide a budget of [Dollar Amount] per year for professional development, including training, conferences, and software certifications.
- Materials Reimbursement: Employer will reimburse Employee for necessary art supplies/materials up to [Dollar Amount] per [Month/Year].
- Stipends:
- Option A: Employee will receive a transportation/parking stipend of [Dollar Amount] per [Month].
- Option B: Employee will receive a remote work stipend of [Dollar Amount] per [Month].
6. Intellectual Property
- All design work, source files, drafts, mock-ups, templates, fonts (subject to license), and final deliverables produced by Employee during the course of employment are the sole and exclusive property of Employer.
- Work for Hire: All work created by Employee under this Agreement shall be considered "work for hire" as defined under Oregon and federal copyright laws.
- Exceptions: The following pre-existing portfolios/items are excluded from this provision: [List of items, or "None"].
- Third-Party Materials: Employee shall use third-party materials (stock images, fonts, client assets) only in compliance with applicable licenses and copyright laws.
7. Confidentiality and Non-Disclosure
- Employee agrees to hold confidential all sensitive company information, client projects, marketing plans, trade secrets, and internal creative concepts.
- This obligation survives termination of employment.
- Employee agrees to adhere to Employer’s data security policies.
8. Ethical Sourcing and Use of Design Elements
- Employee shall ethically source and use all design elements in accordance with Oregon and federal copyright law.
- Employee shall obtain written approval from [Designated Person/Department] for any freelance or external creative work performed during employment.
9. Personal Portfolio Usage
- Employee may include company-approved works in their personal portfolio, exhibit, or awards submissions with written permission from [Designated Person/Department].
- Non-Compete: To the extent permitted by Oregon law (ORS 653.295), a non-compete agreement may be required, subject to advance written notice, minimum salary thresholds, and a maximum duration of 18 months. [Include separate non-compete agreement if applicable; otherwise state: No non-compete agreement is required.]
10. Compliance with Policies
- Employee shall comply with Employer’s data security, tech use, and social media policies.
- Employee shall adhere to protocols for use/return of employer-issued devices or licensed software.
11. Employee Conduct and Anti-Harassment
- Employee shall adhere to Employer's employee conduct and anti-harassment policies.
- Employer is an equal opportunity employer and prohibits discrimination based on race, color, religion, sex, sexual orientation, national origin, marital status, disability, age, and gender identity, as defined under Oregon law.
12. Onboarding and Training
- Employee shall complete onboarding and training, including orientation on company design templates, file archiving standards, color management, accessibility guidelines (WCAG/ADA compliance for digital designs), and Oregon anti-harassment training.
13. At-Will Employment and Termination
- Employee's employment is at-will, meaning either party may terminate the employment relationship at any time, with or without cause or notice, except as otherwise required by law.
- Voluntary Resignation: Employee shall provide [Number] weeks' written notice of resignation.
- Involuntary Termination: Employer may terminate employment for cause, including, but not limited to, poor performance, misconduct, or violation of company policy.
- Final Compensation: Upon termination, Employee shall receive all final compensation, including accrued PTO, in accordance with Oregon law.
- Return of Property: Employee shall return all employer property and data upon termination.
14. Workplace Concerns and Grievances
- Employee may raise workplace concerns or grievances related to design project content with [Designated Person/Department].
- Employee may file complaints with the Oregon Bureau of Labor and Industries (BOLI) as needed.
15. Dispute Resolution
- The parties shall first attempt to resolve any disputes through negotiation and mediation.
- Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. Venue for any legal action shall be in [County] County, Oregon.
- Notices: All notices shall be in writing and sent to the addresses listed above.
16. Review and Acknowledgment
- Employee acknowledges receipt of:
- Oregon sick time law posters.
- Educational material for workplace rights.
- OSHA creative studio safety guidelines.
- Worker's compensation coverage information.
- [If applicable: Oregon Predictive Scheduling Notice].
17. Severability and Amendments
- If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- This Agreement may be modified or amended only by a written agreement signed by both parties.
- Employer’s employee handbook, IP usage, and anti-harassment policies are incorporated by reference and subject to Oregon statutes.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Employer Name]
By: [Name and Title of Authorized Representative]
[Employee Name]
[Employee Signature]