South Dakota customer service representative employment contract template

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How South Dakota customer service representative employment contract Differ from Other States

  1. South Dakota follows at-will employment, allowing termination by either party at any time without cause, unless specified otherwise in the contract.

  2. State-specific wage laws, including minimum wage requirements and overtime regulations, must be reflected in South Dakota contracts.

  3. South Dakota restricts the enforceability of non-compete clauses, requiring narrow scope, duration, and legitimate business interest.

Frequently Asked Questions (FAQ)

  • Q: Is an employment contract required for customer service representatives in South Dakota?

    A: No, employment contracts are not required, but they are recommended to clarify roles, terms, and protections for both parties.

  • Q: What is the minimum wage for customer service representatives in South Dakota?

    A: As of 2024, the minimum wage in South Dakota is $10.80 per hour, but you should confirm if updates have occurred.

  • Q: Are non-compete agreements enforceable in South Dakota?

    A: Non-compete agreements are legally restricted in South Dakota and must be limited in scope, duration, and geographic reach.

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South Dakota Customer Service Representative Employment Contract

Agreement

  • Option A: This agreement is a full-time Customer Service Representative Employment Contract.
  • Option B: This agreement is a part-time Customer Service Representative Employment Contract.

Effective Date: [Date]

Parties

  • Employer: [Company Name], located at [Company Address], [City, State, Zip Code]
  • Employee: [Employee Name], residing at [Employee Address], [City, State, Zip Code]

Job Title and Description

  • Job Title: Customer Service Representative.
  • Responsibilities may include, but are not limited to:
    • Telephone, online, and in-person customer communication.
    • Handling customer complaints and product inquiries.
    • Order processing, returns, and exchanges.
    • Account and billing support.
    • Technical troubleshooting.
    • Data entry and documentation in [Employer’s System].
    • Meeting performance, quality assurance, and customer satisfaction metrics.
    • Maintaining accurate records.
    • Following company-approved scripts and escalation procedures.
    • Achieving call, chat, or ticket quotas.
    • Participating in mandatory training, including company policies, phone etiquette, de-escalation techniques, product and system updates, and South Dakota-specific compliance training.

Required Skills

  • Proficiency with industry-standard CRM systems (e.g., [CRM System Name]).
  • Knowledge of data privacy protocols.
  • Familiarity with call center hardware/software.
  • Working knowledge of state and federal consumer protection mandates relevant to South Dakota.

Work Location

  • Option A: Employer’s South Dakota office located at [Office Address].
  • Option B: Remote/home office within South Dakota. Employee must maintain a suitable workspace.
  • Option C: Hybrid arrangement: [Number] days in the office and [Number] days remote.
  • Required in-person attendance: [Specify circumstances].
    • Adherence to SDCL Chapter 62-4 Occupational Safety and company policies for telecommuting. Equipment provision: [Specify]. Data security requirements: [Specify].

Work Hours

  • Full-time employment: [Number] hours per week.
    • Exact regular work hours: [Start Time] to [End Time], [Days of the Week].
    • Option A: Rotating shifts: [Specify shift rotation details].
    • Option B: Required availability for evenings, weekends, or holidays: [Specify details].
    • Schedule-change and overtime approval procedures: [Specify].
    • Paid meal/rest breaks: [Specify company policy in compliance with South Dakota labor policy (no state-mandated break requirement, so company policy to be stated clearly)].

Compensation

  • Base salary: [Dollar Amount] per year, or hourly wage: [Dollar Amount] per hour (South Dakota minimum wage: [Dollar Amount]).
  • Overtime: Eligibility, calculation at 1.5x base hourly rate for >40 hours/week per FLSA. Timekeeping requirements: [Specify].
  • Pay dates: [Specify day of the week/month]. Payment methods: [Direct Deposit/Check].
  • Option A: Bonuses for customer satisfaction, attendance, or performance: [Specify bonus structure].
  • Option B: Shift differential pay for night/weekend work: [Specify amount].
  • Pay adjustments: [Specify criteria for pay adjustments, referencing SDCL 60-11-9 (final pay due next regular payday)].

Benefits

  • Eligibility for group health, dental, vision, and life insurance: [Specify waiting period/eligibility requirements].
  • Retirement or 401(k) options: [Specify details].
  • Paid time off (vacation, sick days): [Specify accrual rates/policy].
  • South Dakota statutory holidays: [List recognized holidays].
  • Company holidays: [List company holidays].
  • Family or medical leave: In compliance with FMLA and state provisions.
  • Wellness programs: [Specify details, if applicable].
  • Tuition or professional certification reimbursement: [Specify details, if applicable].

At-Will Employment

  • Employment is at-will, as recognized under South Dakota law.
    • Voluntary resignation: Required notice period: [Number] days.
    • Employer-initiated termination: With or without cause.
    • Layoff procedures: [Specify procedures].
    • Notice and documentation: [Specify details].
    • Calculation and timing of final pay: [Specify details].
    • Payout of accrued PTO: Per company policy and SD law.
    • Return of company property and access termination: [Specify details].

Confidentiality and Data Privacy

  • Strict confidentiality obligations: Covering customer information, company trade secrets, payment and account data.
    • Compliance with South Dakota’s data breach notification requirements (SDCL 22-40-19 et seq.).
    • Industry-specific mandates: (e.g., PCI DSS compliance for handling credit card information).

Behavioral and Performance Expectations

  • Standards of professionalism, quality, accuracy, empathy, non-discrimination in customer interactions.
  • Adherence to company communication policies.
  • Escalating service issues per protocol.
  • Accurate account notations.
  • Prompt notification of suspected data breaches.

Technology and Equipment Use

  • Responsibilities for company-issued devices.
  • Approved use of remote access/VPN.
  • Password management.
  • Adherence to company protocols for maintaining confidentiality and avoiding disclosure of customer information.

Anti-Harassment and Non-Discrimination

  • Compliance with the South Dakota Human Relations Act (SDCL 20-13) and federal laws (Title VII, ADA, ADEA).
    • Protected categories: Sex, race, color, religion, national origin, disability, age, veteran status, and any other protected category under state and federal law.

Non-Compete/Non-Solicitation

  • Limited to the extent permitted by South Dakota law (SDCL 53-9-8). Any restrictions must be reasonable in duration and scope.
    • Restraints on post-employment solicitation of customers or employees: [Specify details].
    • Company access to all state-required disclosures about such restraints.

Mandatory Training and Continuing Education

  • Compliance with the South Dakota Consumer Protection Division requirements (if applicable).
  • Regular workplace safety/anti-harassment refresher courses.

Dispute Resolution

  • Good faith efforts at internal complaint resolution.
  • Mediation: [Specify requirements].
  • Governing law and forum: South Dakota law and courts.

Workers' Compensation and Workplace Safety

  • Workers’ compensation coverage: Per South Dakota's administrative requirements under SDCL Chapter 62-1.
  • Workplace safety and ergonomics: Applicable to call center or remote work setups.
  • Employee reporting obligations: For workplace injuries or threats.

Compliance with Laws and Policies

  • Employee’s obligation to comply with all applicable South Dakota and federal labor laws.
  • Company policies.
  • Consumer privacy requirements.
  • Workplace conduct rules.
  • Technology use policies.
  • Any state-mandated postings or notifications provided by the South Dakota Department of Labor.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

Signatures

  • ____________________________ (Employee Signature) Date: [Date]
  • ____________________________ (Employer Representative Signature) Date: [Date]

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