South Dakota office manager employment contract template

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How South Dakota office manager employment contract Differ from Other States

  1. South Dakota is an at-will employment state with minimal statutory employee protections, granting employers greater flexibility compared to many other states.

  2. Non-compete clauses are generally disfavored in South Dakota and are only enforceable in limited circumstances, unlike in some other states.

  3. The state does not require paid sick leave or vacation time by law, so such provisions must be explicitly included if desired.

Frequently Asked Questions (FAQ)

  • Q: Does South Dakota require a written employment contract for office managers?

    A: No, South Dakota does not legally require a written contract, but having one helps clarify employer and employee expectations.

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

    A: Non-compete agreements have strict limitations in South Dakota and are only valid in narrow cases, such as for protecting trade secrets.

  • Q: What is the minimum wage for office managers in South Dakota?

    A: South Dakota’s minimum wage is set by state law and may change annually; check current regulations for the latest rates.

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South Dakota Office Manager Employment Contract

This South Dakota Office Manager Employment Contract (the “Agreement”) is made and entered into as of [Date] by and between [Company Name], a [State] [Entity Type, e.g., Corporation] with its principal place of business at [Company Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).

1. Employment

  • Option A: Employer hereby employs Employee as a full-time Office Manager, and Employee hereby accepts such employment.
  • Option B: Employer desires to continue to employ Employee as a full-time Office Manager, and Employee desires to continue such employment.

2. Job Title and Duties

  • The Employee's job title is Office Manager.
  • Employee shall perform the following duties, which are typical of an Office Manager in a South Dakota office environment, and other duties as assigned by Employer:
    • Supervise administrative staff.
    • Maintain office systems and procedures.
    • Manage records in compliance with South Dakota privacy and business retention laws.
    • Schedule and coordinate meetings.
    • Oversee budget and handle petty cash in line with South Dakota accounting regulations.
    • Manage inventory and supply chain, considering local vendors.
    • Maintain office equipment.
    • Ensure health and safety compliance as required under South Dakota law.
    • Onboard and train new staff.
    • Enforce workplace policies.
    • Handle communications and correspondence.
    • Support HR processes specific to South Dakota employers.

3. Reporting Structure and Authority

  • Option A: Employee shall report directly to [Supervisor Name], [Supervisor Title].
  • Option B: Employee shall report to a team of [Supervisor Title] that include [Supervisor 1 Name] and [Supervisor 2 Name].
  • Employee’s Authority:
    • Option A: Employee has the authority to make purchasing decisions up to [Dollar Amount] without prior approval.
    • Option B: Employee requires approval from [Supervisor Name] for all purchasing decisions.
    • Employee has the authority to sign documents on behalf of the office, as specifically authorized by [Authorizing Party/Title].

4. Work Location and Attendance

  • Employee's primary work location is [Company Address], located in [City], South Dakota.
  • Attendance Expectations:
    • Option A: Employee is expected to be present at the office during regular business hours, [Start Time] to [End Time], Monday through Friday.
    • Option B: Employee will be allowed a hybrid work schedule based on performance.

5. Employment Type and Schedule

  • Employee's employment is full-time, with a minimum of [Number] hours per week.
  • Regular Schedule: [Start Time] to [End Time], Monday through Friday.
  • Lunch/Break Periods: [Description of Break Periods, e.g., one 30-minute unpaid lunch break]. In South Dakota, mealtime/rest break norms are that breaks less than 20 minutes must be paid.

6. Compensation

  • Option A: Employee's annual salary is [Dollar Amount], payable [Frequency, e.g., bi-weekly].
  • Option B: Employee's hourly wage is [Dollar Amount], payable [Frequency, e.g., bi-weekly].
  • Overtime Eligibility:
    • Option A: Employee is exempt from overtime under the Fair Labor Standards Act (FLSA) and South Dakota law.
    • Option B: Employee is non-exempt from overtime and will be paid at a rate of 1.5 times their regular hourly rate for all hours worked over 40 in a workweek, per South Dakota overtime rules.
  • Permitted Payroll Deductions: Standard deductions for taxes, social security, and Medicare, as well as any authorized deductions for benefits.
  • Bonuses/Commissions:
    • Option A: Employee is eligible for a performance bonus as determined by Employer, based on achieving pre-defined goals. Details of the bonus structure will be provided separately.
    • Option B: Employee is not eligible for any bonuses or commissions.

7. Paid Time Off (PTO), Vacation, Sick Leave, and Holidays

  • PTO:
    • Option A: Employee will accrue [Number] days of PTO per year, accrued [Accrual Frequency, e.g., monthly].
    • Option B: Employer does not offer PTO.
  • Vacation:
    • Option A: Employee is entitled to [Number] days of paid vacation per year.
    • Option B: Employer does not offer paid vacation.
  • Sick Leave:
    • Option A: Employee will accrue [Number] days of sick leave per year.
    • Option B: Employer does not offer paid sick leave.
  • South Dakota-Recognized Holidays: Employee will be entitled to paid time off for the following holidays: [List of Holidays].
  • Carryover Policy: [Description of PTO/Vacation carryover policy, if any].
  • Payout Policy: Unused PTO/vacation will/will not be paid out upon termination of employment, in accordance with company policy and South Dakota law.

8. Benefits

  • Health, Vision, and Dental Insurance:
    • Option A: Employer offers employer-sponsored health, vision, and dental insurance. Eligibility begins after [Number] days of employment.
    • Option B: Employer provides a stipend of [Dollar Amount] per month towards the cost of health insurance.
    • Option C: Employee waives coverage of health, vision, and dental.
  • Retirement Plan:
    • Option A: Employee is eligible to participate in the Employer's [Type of Retirement Plan, e.g., 401(k)] plan after [Number] months of employment.
    • Option B: Employer does not offer a retirement plan.
  • Disability Insurance:
    • Option A: Employer provides short-term and long-term disability insurance.
    • Option B: Employer does not provide disability insurance.
  • Life Insurance:
    • Option A: Employer provides life insurance in the amount of [Dollar Amount].
    • Option B: Employer does not provide life insurance.
  • Educational/Professional Development: Employer will provide up to [Dollar Amount] per year for approved educational or professional development activities related to office management.
  • Other Perks: [List any other perks, e.g., parking stipend].

9. Confidentiality and Data Protection

  • Employee agrees to hold all non-public business information, client records, and sensitive employee data confidential.
  • Employee shall comply with all applicable South Dakota statutes on data breaches and record retention/destruction.
  • Employee shall adhere to the company's data security policies and procedures.

10. Intellectual Property

  • All business forms, templates, or systems developed by Employee during their employment shall be the property of Employer.
  • Employee shall not use any third-party resources or content without proper authorization.

11. Conduct and Performance Standards

  • Employee shall adhere to Employer's code of conduct and ethics policies.
  • Employee shall report any suspected fraud or noncompliance to [Reporting Authority].
  • Employee shall cooperate with internal and external audits.

12. Workplace Conduct

  • Employer prohibits workplace discrimination, harassment, and retaliation in compliance with the South Dakota Human Rights Act.
  • Employee must cooperate with any investigation into harassment or discrimination.

13. Non-Solicitation

  • Employee agrees not to solicit employees or customers of Employer for a period of [Number] months following termination of employment.

14. Workplace Safety

  • Employee shall comply with all workplace safety rules and regulations, including South Dakota's OSHA-equivalent rules.
  • Employee shall participate in required safety training.
  • Employee shall oversee office emergency plans and drills.

15. Performance Reviews and Disciplinary Action

  • Employee's performance will be reviewed [Frequency, e.g., annually].
  • Employer may take disciplinary action, including termination, for cause, following a progressive discipline policy.

16. Employment At-Will

  • Employee's employment is at-will, as permitted by South Dakota law.
  • Either party may terminate the employment relationship at any time, with or without cause or notice, subject to the terms outlined in the final pay section.

17. Termination

  • Voluntary Termination: Employee must provide [Number] weeks' written notice of resignation.
  • Involuntary Termination: Employer may terminate Employee's employment for cause or without cause.
  • Severance:
    • Option A: Employee will be entitled to [Number] weeks of severance pay upon termination without cause.
    • Option B: Employee will not be entitled to any severance pay.
  • Final Pay: Final pay will be made by the next regular payday, in accordance with South Dakota law.
  • Benefits Continuation: Employee may be eligible for benefits continuation under COBRA.
  • Return of Property: Employee shall return all company property and records upon termination.

18. South Dakota Wage Payment Laws

  • All wages will be paid in compliance with South Dakota's laws on wage payment.
  • Deductions from wages will only be made as permitted by law.

19. Grievance and Dispute Resolution

  • Any disputes arising out of this Agreement shall be resolved through internal complaint/negotiation, and then optional mediation/arbitration.
  • Jurisdiction and Venue: Any legal action relating to this Agreement shall be brought in the state or county courts within South Dakota.
  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota.

20. Employee Handbook

  • Employee acknowledges receipt of the Employer's employee handbook, which is incorporated into this Agreement by reference.

21. Entire Agreement

  • This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.

22. Amendment

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

23. Assignment

  • This Agreement may not be assigned by either party without the written consent of the other party.

24. Waiver

  • No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

25. Severability

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

26. Notices

  • All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally or sent by certified mail, return receipt requested, to the addresses set forth above.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

____________________________
[Company Name]

By: ____________________________
[Printed Name]
[Title]

____________________________
[Employee Name]

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