South Dakota HR assistant employment contract template

South Dakota HR Assistant Employment Contract

This South Dakota HR Assistant Employment Contract (the “Agreement”) is made and effective as of [Date] by and between [Employer Full Legal Name], located at [Employer Address] (“Employer”), and [Employee Full Legal Name], residing at [Employee Address] (“Employee”).

1. Employment

Option A: Employer hereby employs Employee as a full-time Human Resources Assistant.

Option B: Employer hereby employs Employee as a part-time Human Resources Assistant. (If Part-time, specify average weekly hours: [Number]).

2. Full-Time Status and Work Schedule

Option A: Employee's position is a full-time position, and Employee shall work approximately [Number] hours per week, generally during Employer's normal business hours of [Start Time] to [End Time], Monday through Friday.

Option B: Employee’s work schedule may vary depending on the needs of the Employer, but will generally consist of [Number] hours per week between [Start Time] and [End Time], on [List of Days]. Employee agrees to be flexible with their work schedule as reasonably requested.

Work Location:

Option A: The primary work location will be at [Employer Address].

Option B: This is a hybrid/remote position, with the primary work location being [Employee Address]. Employee will be required to attend meetings and other work events at [Employer Address] or other locations as needed.

3. Job Title and Duties

The Employee’s job title is Human Resources Assistant.

Employee's duties shall include, but not be limited to:

• Supporting recruitment efforts, including posting job openings, screening resumes, and scheduling interviews.
• Assisting with onboarding new employees, including preparing new hire paperwork and conducting orientations.
• Maintaining accurate and up-to-date employee records in compliance with South Dakota record-keeping requirements.
• Processing payroll and benefits enrollment.
• Administering leave and absence tracking consistent with federal (FMLA as applicable) and South Dakota leave laws.
• Facilitating compliance training programs.
• Assisting with state and federal reporting requirements (e.g., EEO-1 reporting).
• Responding to employee inquiries regarding HR policies and procedures.
• Organizing personnel files according to South Dakota statutes on privacy and retention.
• Supporting workplace investigations.
• Ensuring compliance with South Dakota employment laws and EEO requirements.
• Other duties as assigned by Employer.

4. Reporting Relationship

Employee will report to [Supervisor Title] and will collaborate with other members of the HR department and other departments as needed.

5. Qualifications

Option A: Required: High school diploma or equivalent.

Option B: Required: Bachelor’s degree in Human Resources or related field.

Required: Familiarity with South Dakota personnel rules and regulations.

Required: Experience with HRIS systems commonly used by South Dakota employers (e.g., [HRIS System Name]).

Preferred: Knowledge of South Dakota anti-discrimination laws.

Preferred: HR Certification (e.g., SHRM-CP, PHR).

6. Working Hours and Overtime

Employee is expected to work [Number] hours per week.

South Dakota law requires at least a 30-minute rest period when employees work at least 8 hours. Employer shall provide the required rest periods to employee.

Overtime:

Option A: Employee is not eligible for overtime pay.

Option B: Employee is eligible for overtime pay at a rate of one and one-half (1.5) times their regular rate of pay for all hours worked over forty (40) in a workweek, in accordance with the Fair Labor Standards Act (FLSA) and South Dakota wage and hour laws. All overtime must be pre-approved by the Employee’s supervisor.

7. At-Will Employment

Employee's employment with Employer is at-will. This means that either Employer or Employee may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law. Employer may discipline or terminate the Employee according to company protocol. Employer is not required to give written notice before termination. Upon termination, Employee will receive a final paycheck in accordance with South Dakota law, and will promptly return all company property.

8. Compensation

Salary:

Option A: Employee’s annual salary will be [Dollar Amount], payable in bi-weekly installments.

Option B: Employee’s hourly rate will be [Dollar Amount], payable bi-weekly.

Method of Payment: Payment will be made via [Direct Deposit/Check].

Deductions: All applicable federal, state, and local taxes and other legally required deductions will be withheld from Employee's pay.

Option A: Employee is eligible for a bonus based on performance metrics. The bonus program is subject to the terms and conditions established by the Employer. Details of the program will be provided separately.

Option B: Employee is not eligible for bonuses.

Time Sheet/Attendance Tracking: Employee is responsible for accurately recording their work hours using [Timekeeping System].

9. Employee Benefits

Health/Dental/Vision Insurance: Employee will be eligible to participate in Employer’s group health, dental, and vision insurance plans, subject to the terms and conditions of those plans. Enrollment is subject to a [Number]-day waiting period.

Retirement/401(k) Plans: Employee will be eligible to participate in Employer's retirement/401(k) plan, subject to the terms and conditions of the plan. Eligibility and matching contributions are subject to plan rules.

Paid Leave:

• Vacation: Employee will accrue vacation time at a rate of [Number] hours per pay period.
• Sick Leave: Employee will accrue sick leave time at a rate of [Number] hours per pay period, in accordance with South Dakota law.
• Personal Leave: Employee will be granted [Number] days of personal leave per year.
• Holidays: Employee will be entitled to [Number] paid holidays per year, as designated by Employer. Observed holidays generally follow South Dakota public sector/private sector precedent (e.g., New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day).

Other Leave:

• Jury Duty: Employee is entitled to leave for jury duty, as required by South Dakota law.
• Military Leave: Employee is entitled to military leave, as required by South Dakota law.
• Crime Victim Leave: Employee is entitled to crime victim leave, as required by South Dakota law.

Family and Medical Leave: Employee may be eligible for unpaid family and medical leave under the Family and Medical Leave Act (FMLA), subject to eligibility requirements.

Benefit Eligibility Changes: Employee’s benefits eligibility is subject to change based on Employer's policies and applicable laws. Termination or status change may impact benefits coverage.

10. Confidentiality

Employee agrees to maintain the confidentiality of all employee records and personal data, including but not limited to names, addresses, social security numbers, and protected health information, in accordance with South Dakota legal requirements and HIPAA as applicable. Employee will adhere to cybersecurity expectations concerning HR data and protect against unauthorized access or disclosure.

11. Intellectual Property

All HR-related forms, handbooks, guidelines, checklists, or internal process documentation created by Employee during their employment are the exclusive property of Employer.

12. Workplace Policies and Procedures

Employee agrees to comply with all of Employer's workplace policies and procedures, including but not limited to policies regarding anti-discrimination, anti-harassment, and anti-retaliation, equal employment opportunity, and reasonable accommodation. Employee will adhere to Employer's code of conduct.

13. Compliance Training

Employee is required to complete South Dakota-mandated compliance training for HR staff concerning discrimination, harassment prevention, and workplace safety.

14. Personnel Records Management

Employee will handle, distribute, and destroy personnel records in accordance with South Dakota's data retention and destruction laws.

15. Solicitation and Conflicts of Interest

Employee will adhere to Employer's policies on solicitation, conflicts of interest, and unauthorized disclosure or misuse of proprietary personnel data. Employee will avoid retaliation for lawful reporting.

16. Professional Development

Option A: Employee is required to pursue professional development and/or HR certification (e.g., SHRM-CP, PHR).

Option B: Employee is encouraged to pursue professional development opportunities.

17. Non-Competition and Non-Solicitation

Employee acknowledges that South Dakota law generally disfavors broad non-compete restrictions. Employee agrees not to solicit employees or clients of Employer during and for a period of [Number] months following termination of employment. Employee agrees to maintain the confidentiality of Employer's trade secrets and confidential information.

18. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved first through informal resolution, then through mediation. If mediation is unsuccessful, the parties may pursue arbitration or litigation. This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota, and venue for any litigation shall be in [County Name] County, South Dakota.

19. Wage Reporting, Garnishment, and Tax Withholding

Employer will comply with all federal and South Dakota-specific wage reporting, garnishment, and tax withholding rules for payroll administration.

20. Accommodation of South Dakota Social Customs

Employee will be mindful of and accommodate specific South Dakota social customs or employment practices relevant to the industry (e.g., expectations regarding inclement weather closures, local community events).

21. Professional Boundaries

Employee will maintain professional boundaries concerning confidential investigations or employee relations issues and will avoid providing unauthorized legal advice to staff.

22. Required Notices and Postings

Employer will provide Employee with all required federal employment notices and South Dakota-specific labor posters or certifications. Employee acknowledges receipt of these notices.

23. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

24. 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.

25. Amendment

This Agreement may be amended only by a written instrument signed by both parties.

26. Precedence of Company Policies

In the event of a conflict between this Agreement and Employer's policies, the Employer’s policy will prevail.

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]

Signature: ____________________________

Date: [Date]