South Dakota bookkeeper employment contract template
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How South Dakota bookkeeper employment contract Differ from Other States
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South Dakota has no state income tax, so payroll withholding provisions differ from states with such taxes.
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Employment in South Dakota is generally at-will, but state law requires clear written terms for exceptions to at-will status.
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The South Dakota Workforce Development requirements must be noted, particularly relating to new hire reporting and unemployment insurance.
Frequently Asked Questions (FAQ)
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Q: Is a written employment contract required for bookkeepers in South Dakota?
A: While not legally required, a written contract is strongly recommended to clearly outline job responsibilities and terms.
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Q: Are non-compete clauses enforceable in South Dakota bookkeeper contracts?
A: Yes, but they must be reasonable in duration and geographic scope to be enforceable under South Dakota law.
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Q: Does South Dakota require employers to provide paid breaks to bookkeepers?
A: No, South Dakota law does not mandate paid breaks for bookkeepers or most other private employees.
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South Dakota Bookkeeper Employment Agreement
This South Dakota Bookkeeper Employment Agreement (the “Agreement”) is made and effective as of [Date], by and between:
[Employer Legal Name], located at [Employer Address], Phone: [Employer Phone Number] (the “Employer”)
and
[Employee Legal Name], located at [Employee Address], Phone: [Employee Phone Number] (the “Employee”).
1. Employment
The Employer hires the Employee as a Full-Time Bookkeeper.
Duties:
Option A: The Employee’s primary duties include managing accounts receivable/payable, payroll processing, general ledger entry, reconciling bank statements, preparing financial statements, maintaining accurate and timely financial records, assisting with audits, overseeing compliance with federal, state, and local tax filings (including South Dakota sales and use tax), handling cash deposits, and updating accounting software.
Option B: The Employee's duties are detailed in Exhibit A, attached to this Agreement.
The Employee will use [Accounting Software, e.g., QuickBooks].
The Employee will report to the [Reporting Authority, e.g., Controller].
Location:
Option A: The Employee’s principal place of employment is [City, South Dakota]. On-site attendance is required.
Option B: The Employee will work remotely. The Employee agrees to maintain cybersecurity standards and adhere to the Employer's data security policy.
Option C: The Employee will have a hybrid work arrangement, requiring on-site attendance [Number] days per week/month.
Confidentiality: The Employee will maintain strict confidentiality regarding all employer or client financial data.
2. Employment Status and Hours
The Employee is classified as a full-time non-exempt employee.
Working Hours:
The standard workweek is [Number] hours per week.
The standard workday is [Start Time] to [End Time], Monday through Friday.
The Employee is entitled to a [Length] minute unpaid meal break and [Number] paid/unpaid rest breaks.
Overtime:
The Employee is eligible for overtime pay at a rate of 1.5 times their regular hourly rate for all hours worked over 40 in a workweek, in accordance with the Fair Labor Standards Act (FLSA).
All overtime must be pre-approved by [Supervisor Title].
3. Compensation
Wage:
Option A: The Employee will be paid an hourly rate of [Dollar Amount] per hour.
Option B: The Employee will be paid an annual salary of [Dollar Amount], paid [Pay Frequency, e.g., bi-weekly].
The method of payment is [Method of Payment, e.g., direct deposit].
Payroll deductions will include all required federal and state taxes, social security, and Medicare, as well as any authorized deductions such as health insurance premiums.
Bonus:
Option A: The Employee is eligible for a discretionary bonus based on performance related to the accuracy of bookkeeping duties, timely closings, and audit findings. The specific criteria and amount of the bonus will be determined by the Employer.
Option B: The Employee is not eligible for a bonus.
4. Benefits
The Employee is eligible for the following benefits:
Group health and dental insurance (eligibility after [Number] days).
Paid Time Off (PTO) accrual rate of [Number] hours per pay period.
[Number] paid holidays per year, including [List of Holidays].
[Option:] Earned sick leave in accordance with company policy ([Detail Policy or Accrual Rate]). South Dakota law does not require paid sick leave.
[Option:] 401(k) or other retirement savings program.
Workers' Compensation coverage as required by South Dakota law.
Unemployment insurance rights.
Expense Reimbursement:
The Employee will be reimbursed for reasonable and necessary expenses incurred in connection with their duties, including mileage for bank runs at the current IRS rate, and pre-approved continuing education costs. All expenses must be documented with receipts and submitted for approval.
5. Confidentiality
The Employee agrees to maintain strict confidentiality regarding all employer or client financial records, business data, tax information, payroll data, and proprietary financial processes.
The Employee will comply with all applicable South Dakota and federal financial privacy laws, including the GLBA (if applicable).
All work product, notes, documentation, data, and financial records generated or maintained during employment are the property of the Employer.
The Employee is prohibited from personal use or external disclosure of confidential information.
6. Non-Solicitation
During the term of employment and for a period of [Number] months following termination, the Employee will not actively solicit the Employer’s clients or employees. This clause is narrowly tailored to protect the Employer's legitimate business interests and client relationships in South Dakota.
The Employee will comply with South Dakota statutes on trade secrets (SD Codified Laws 37-29), including the Uniform Trade Secrets Act.
7. Performance Standards and Reporting
The Employee will adhere to regular and accurate coding of transactions, month- and year-end closing deadlines, timely reporting of financial discrepancies or suspected fraud, and routine auditing/reconciliation requirements.
The Employee will report errors, suspected embezzlement/fraud, or regulatory inquiries to [Supervisor Title].
The Employee will participate in ongoing professional development, including training on updates to South Dakota and federal accounting/tax compliance.
8. Disciplinary Action
The Employer may take disciplinary action, including written warnings and corrective action plans, for documentation or accuracy errors or violations of company policy. Repeated or severe violations may result in termination.
9. At-Will Employment
The Employee’s employment is at-will. The Employer may terminate the employment relationship at any time, for any lawful reason or no reason. The Employee may resign at any time.
The Employee must provide [Number] weeks’ written notice of resignation. The Employer will provide [Number] weeks’ written notice of termination (except in cases of gross misconduct).
Upon termination, the Employee will receive their final wage payment and will return all employer property, records, and devices.
10. Anti-Discrimination and Safety
The Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, color, religion, sex, national origin, age, disability, or any other protected characteristic under the South Dakota Human Rights Act and federal law.
The Employer will provide a safe workplace in compliance with OSHA and South Dakota Department of Labor standards.
11. Dispute Resolution
Any disputes arising from this Agreement will be resolved through negotiation, followed by optional mediation, and then arbitration before litigation. Any legal action will be brought in [County] County, South Dakota, and governed by South Dakota law. The parties waive their right to a jury trial if permitted.
12. Acknowledgements
The Employee acknowledges receipt and review of the Employer’s written financial procedures manual, anti-fraud policies, and data security protocol.
[Option:] The Employee is required to be bonded; the Employer will pay the cost of the fidelity bond.
This Agreement may be amended only in writing signed by both parties. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
This Agreement may not be assigned by the Employee.
[Option:] The Employee is permitted to engage in outside business activities, provided such activities do not conflict with the Employee’s duties under this Agreement or violate the Employer’s confidentiality policies.
[Option: Insert details about any restrictions, e.g. Pre-approval process.]
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Legal Name]
By: ____________________________
[Employer Printed Name], [Employer Title]
____________________________
[Employee Legal Name]