South Dakota production worker employment contract template

South Dakota Production Worker Employment Agreement

This South Dakota Production Worker Employment Agreement ("Agreement") is made and entered into as of [Date], by and between [Employer Name], a [State] [Entity Type] with its principal place of business at [Employer Address] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee").

1. Position

Employee is hired as a Production Worker.

Option A: Specific Job Responsibilities: Employee will perform the following duties:

• [List of specific job duties, e.g., Operating [Machine Name], Assembly of [Product Name], Quality Control Inspections, Packaging, Material Handling, Housekeeping]

Option B: General Job Responsibilities: Employee will perform duties as assigned by their supervisor that are consistent with the position of Production Worker. This includes but is not limited to:

• Assembly of products
• Operation of production equipment
• Materials handling
• Quality control inspections
• Packaging
• Workplace housekeeping
• Adherence to safety protocols

2. Worksite

Option A: Single Location: The primary worksite for this position is located at [Facility Address], in [City, State].

Option B: Multiple Locations: Employee may be required to work at various company facilities located in South Dakota, as directed by Employer.

Option C: Shift Assignments/Transfers: Employer reserves the right to assign Employee to different shifts or transfer Employee to different locations within [City, State] based on business needs.

3. Employment Status and Work Hours

This is a full-time position.

• Expected weekly work hours are [Number] hours.
• Normal daily shift times are [Start Time] to [End Time].
• Option A: Employee is eligible for overtime pay.
• Option B: Employee is not eligible for overtime pay.

Scheduling:

• Option A: Rotating shifts are required.
• Option B: Rotating shifts are not required.
• Option C: Evening/Weekend shifts may be required.

4. Overtime

Overtime will be paid in accordance with South Dakota wage and hour laws.

• Overtime will be paid for all hours worked over 40 in a workweek.
• The overtime pay rate is one and one-half (1.5) times the Employee's regular rate of pay.
• Overtime work must be approved in advance by Employee's supervisor.
• All overtime hours must be accurately recorded on Employee’s time sheet.

5. Compensation

• Option A: Hourly Wage: Employee will be paid an hourly wage of [Dollar Amount] per hour.
• Option B: Salary: Employee will be paid a salary of [Dollar Amount] per year.
• Wage payments will be made [Frequency, e.g., bi-weekly].

Pay differentials/premiums:

• Option A: Night shift differential: Employees working night shifts will receive an additional [Dollar Amount] per hour.
• Option B: Hazardous duty pay: Employees performing hazardous duties will receive an additional [Dollar Amount] per hour.
• Option C: Certified machine operation: Employees certified to operate [Machine Name] will receive an additional [Dollar Amount] per hour.
• Option D: No pay differentials/premiums apply.

6. Benefits

Employee may be eligible for the following benefits, subject to the terms and conditions of the applicable benefit plans:

• Health insurance
• Dental insurance
• Vision insurance
• Short-term disability insurance
• Long-term disability insurance
• Workers' compensation insurance (as required by South Dakota law)
• Option A: 401(k) retirement savings plan
• Paid time off (vacation, sick leave, bereavement)
• Paid holidays (as designated by Employer)

7. Meal and Rest Breaks

Employer will provide meal and rest breaks in accordance with company policy.

• Lunch breaks:
• Option A: 30-minute unpaid lunch break.
• Option B: 30-minute paid lunch break.
• Rest breaks:
• Option A: 15-minute paid rest break every [Number] hours.
• Option B: No scheduled rest breaks are provided.

8. Reporting Lines

Employee will report directly to [Supervisor Name], [Supervisor Title]. Escalation procedures for workplace issues are as follows: [Detailed escalation process].

9. Occupational Safety and Health

Employee is required to comply with all applicable safety and health rules and regulations, including but not limited to:

• Mandatory use of personal protective equipment (PPE) as required.
• Following lockout/tagout procedures.
• Compliance with chemical safety/data sheets (SDS).
• Reporting all incidents and injuries immediately.
• Employee’s right to refuse unsafe work.
• Participation in safety training programs.
• Option A: Drug/alcohol testing is required as per company policy.
• [Detail drug/alcohol testing policy, e.g., pre-employment, random, post-accident]

10. Certifications

• Option A: Required Certifications: Employee is required to maintain the following certifications: [List Certifications, e.g., OSHA 10/30, Forklift Certification].
• Option B: No Certifications Required.

11. Confidentiality and Intellectual Property

Employee agrees to maintain the confidentiality of [Specifically identify confidential information, e.g., production processes, manufacturing methods].

12. Company Property and Equipment

Employee is responsible for the proper care and use of all company property and equipment.

• Reporting mechanisms for equipment malfunction or loss: [Specify reporting process].

13. Behavioral Expectations

• Attendance policy: [Detail attendance policy, including call-out procedures and consequences of tardiness/absenteeism].
• Compliance with anti-harassment and workplace conduct rules.
• Prohibition of substance use on company property.
• Collegial behavior on the production floor.
• Unauthorized removal of company materials or tools is prohibited.

14. Workplace Discrimination/Harassment

Employer prohibits discrimination and harassment based on race, color, creed, religion, sex, ancestry, disability, national origin, or any other protected characteristic under state and federal law.

• Reporting and investigation process for complaints: [Detail reporting and investigation process].

15. Non-Compete (If Applicable)

Employee agrees not to engage in any competitive business activity within [Geographic Area] for a period of [Number] months following termination of employment, limited to [Specific Business Activities]. This provision is narrowly tailored to protect Employer's legitimate business interests.

16. Employment-At-Will

Employee's employment is at-will, meaning that either party may terminate the employment relationship at any time, with or without cause, and with or without notice, except as modified by a collective bargaining agreement or separate written contract.

17. Termination Procedures

• Option A: Notice Requirement: Employee is required to provide [Number] days' notice of resignation. Employer is not required to provide any notice of termination.
• Option B: No Notice Requirement: Neither party is required to provide notice of termination.
• Final wage payment will be made in accordance with South Dakota law.
• Employee is responsible for returning all company property upon termination.
• Eligibility for payment of unused PTO will be determined according to company policy.

18. Disciplinary Procedures

Employer reserves the right to discipline employees for violations of company policy or misconduct.

• Progressive discipline steps: [Detail progressive discipline steps, e.g., verbal warning, written warning, suspension, termination].
• Grounds for immediate dismissal: [List grounds for immediate dismissal, e.g., gross misconduct, safety violations, theft, falsification of records].

19. Workplace Posters and Accommodations

Employer will comply with all applicable state and federal statutes regarding workplace posters and accommodations for employees with disabilities.

20. Workers' Compensation

Employee is covered by workers' compensation insurance as required by South Dakota law.

• Reporting and claims process: [Detail reporting and claims process].
• No retaliation for workplace injury claims.

21. Dispute Resolution

Employer encourages internal resolution of disputes.

• Option A: Mediation/Arbitration: Any disputes arising out of or relating to this Agreement will be resolved through mediation or arbitration, if both parties agree.
• Jurisdiction for legal claims: South Dakota state courts.
• Governing law: South Dakota law.

22. Union Status

• Option A: Unionized Workforce: The Employee's employment is governed by the collective bargaining agreement between Employer and [Union Name].
• Option B: Non-Unionized Workforce: The workforce is not unionized. Employer remains neutral with respect to employee organizing.

23. E-Verify and New Hire Reporting

Employer will comply with all applicable E-Verify and new hire reporting requirements.

24. Policy Revisions

Employer reserves the right to revise policies and procedures with notice to Employee.

25. Background/Drug Checks (If Applicable)

• Option A: Background checks/drug tests are required as a condition of employment.
• [Detail background/drug check procedures, ensuring compliance with state and federal law].
• Option B: Background checks/drug tests are not required.

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

[Employer Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Name]

[Employee Signature]