South Dakota executive assistant employment contract template
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How South Dakota executive assistant employment contract Differ from Other States
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South Dakota follows at-will employment laws, allowing either party to terminate employment at any time without cause.
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State law does not require paid sick leave, impacting leave provisions compared to states with mandatory sick leave laws.
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Non-compete agreements in South Dakota are subject to unique enforceability standards not present in many other states.
Frequently Asked Questions (FAQ)
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Q: Is a written contract required for executive assistants in South Dakota?
A: Although not legally required, a written contract is highly recommended to clarify job terms and responsibilities.
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Q: Are non-compete clauses enforceable in South Dakota executive assistant contracts?
A: Yes, but they must be reasonable in duration, geography, and scope to be enforceable under state law.
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Q: Does South Dakota law provide mandatory paid leave for executive assistants?
A: No, South Dakota does not mandate paid sick leave or vacation; such benefits depend on employer policy.
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South Dakota Full-Time Executive Assistant Employment Agreement
This Full-Time Executive Assistant Employment Agreement (the "Agreement") is made and effective as of [Effective Date] by and between:
[Employer Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address] ("Employer"), and
[Employee Legal Name], residing at [Employee Address] ("Employee").
1. Employment
Employer hereby employs Employee, and Employee hereby accepts employment with Employer, as a Full-Time Executive Assistant.
2. Position and Job Description
Employee's position shall be Executive Assistant.
- Option A: The Executive Assistant will report directly to [Supervising Executive Name(s)], [Title(s)].
- Option B: The Executive Assistant will report to [Department/Team Name], and ultimately to [Supervising Executive Name(s)], [Title(s)].
Job Description: The Employee's duties shall include, but are not limited to:
- Calendar and schedule management for executives.
- Travel and accommodation arrangements.
- Confidential document handling.
- Meeting preparation and minute-taking.
- Expense reporting.
- Correspondence draft and review.
- Project tracking.
- Liaison with internal and external stakeholders.
- Coordination of executive priorities.
- Document filing using company-specific systems.
- Event planning.
3. Work Location and Hours
The primary work location shall be at [Employer Address/Specific Office Location] in South Dakota.
- Option A: This position is primarily in-person.
- Option B: This position may require some remote work as determined by the Employer.
The standard workweek shall be [Number] hours per week, typically Monday through Friday, [Start Time] to [End Time]. The employee may be required to work evenings and weekends as needed to support the executive.
The Employer's policy regarding lunch and rest breaks is [Description of Break Policy, e.g., a one-hour unpaid lunch break and two 15-minute paid rest breaks]. South Dakota law does not mandate specific breaks for adults.
On-call support after hours availability expectations: [Describe the on-call requirements. e.g., Respond to texts/calls related to urgent matters within 30 minutes]
4. Compensation and Benefits
The Employee shall be paid a [Annual Salary/Hourly Rate] of [Amount].
- Option A: Paid bi-weekly.
- Option B: Paid monthly.
Payment shall be made via [Payment Method, e.g., direct deposit].
Eligibility for performance bonuses or discretionary incentives will be determined based on [Explain Criteria for Bonuses, e.g., executive/organizational objectives].
Benefits: Employee shall be eligible for the following benefits:
- Health insurance.
- Dental insurance.
- Vision insurance.
- Retirement/401(k) plan.
- Paid Time Off (PTO): [Number] days per year, accruing as per company policy.
- Paid Holidays: [List of Observed Holidays, referencing South Dakota's list and company policy].
- Parental/Family Medical Leave: As per applicable federal and state laws.
Reimbursement of job-related expenses, such as travel and mobile phone, will be in accordance with company policy.
Professional development training and certifications: [Details, e.g., allowance for attending executive assistant training]
5. Confidentiality
Employee acknowledges that they will have access to confidential information, including but not limited to:
- Executive schedules.
- Board materials.
- Sensitive corporate planning.
- HR details.
Employee agrees to maintain the confidentiality of all such information during and after employment.
Unauthorized disclosure or misuse of confidential executive information is strictly prohibited.
Employee must adhere to security and data privacy best practices.
6. Intellectual Property
All materials, reports, or systems developed by the Employee during their employment shall be the exclusive property of the Employer.
This includes proprietary business methods or tools.
7. Conflicts of Interest
Employee agrees not to engage in any outside employment or business activities that create a conflict of interest with the Employer.
- Examples include [Specific Examples Relevant to South Dakota's Business Environment].
8. Standards of Conduct
Employee shall maintain a high standard of professional conduct, attire, and decorum.
Employee shall comply with Employer's IT and communications policies.
9. Anti-Discrimination and Harassment
Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, sex, age, disability, religion, sexual orientation, or any other protected class under federal and South Dakota law.
The process for reporting and resolving complaints is [Outline Complaint Process].
10. Background Check and References
Employment is contingent upon successful completion of a background check and reference verification.
[Details on Drug Testing Requirements, if applicable, in line with South Dakota law].
11. Company Property
Employee shall use company property responsibly and return it upon termination of employment. This includes but is not limited to computer, phone, keys, and security cards.
Employee shall remove or destroy confidential files upon termination.
12. Post-Termination Obligations
Non-Solicitation:
- Option A: Employee agrees not to solicit clients, employees, or vendors for a period of [Number] months after termination.
- Option B: No non-solicitation agreement.
Non-Compete:
- Option A: Employee agrees not to compete with the Employer within a [Specific Geographic Area, e.g., Sioux Falls, South Dakota] for a period of [Number] months after termination, with respect to [Specific Covered Activities]. This is narrowly tailored to protect the Employer's legitimate business interests and comply with South Dakota law.
- Option B: No non-compete agreement.
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, subject to the terms and conditions of this agreement.
Grounds for termination include, but are not limited to, unsatisfactory performance, gross misconduct, or violation of confidentiality.
Notice Period:
- Option A: Employee shall provide [Number] days' notice of resignation.
- Option B: No specific notice period is required.
Severance:
- Option A: Upon termination by the Employer without cause, Employee shall receive [Severance Details].
- Option B: No severance will be paid.
Final Wage Payment: In accordance with South Dakota law, final wages shall be paid by the next regular payday.
14. Resignation
Employee may resign by providing [Number] days' written notice to Employer.
15. Grievance and Dispute Resolution
Any grievance or dispute shall first be addressed through internal complaint review.
If unresolved, the parties agree to [Mediation/Arbitration] in South Dakota.
South Dakota shall be the jurisdiction and venue for any legal proceedings.
16. Compliance with Laws
Employer shall comply with all federal and state wage and hour laws, including compliance with the South Dakota Department of Labor.
Employer shall provide workers' compensation coverage, unemployment insurance registration, and maintain workplace safety/occupational health standards.
17. Executive Assistant's Role as Proxy
Employee acknowledges their special role as a proxy for the executive and agrees to:
- Adhere to elevated privacy standards.
- Independently prioritize urgent requests.
- Serve as official representative in limited authorized contexts.
18. Mandatory Notices
Employee acknowledges receipt of all mandatory notices required by South Dakota law, including employment at-will notice and rights under workers' compensation.
19. Modification of Responsibilities
Employer reserves the right to update the Employee's responsibilities or reporting structure as business needs evolve, with advance written notice and consultation with the Employee.
20. Communication Policy
Policy on recording or accessing executive communications: [Detail policy]
Policy on storage and disposal of sensitive physical and electronic records: [Detail policy]
21. Integration Clause
This Agreement constitutes the entire agreement between the parties and supersedes all prior oral or written agreements.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Legal Name]
By: ____________________________
[Employer Representative Name]
[Employer Representative Title]
____________________________
[Employee Legal Name]