South Dakota retail sales associate employment contract template

South Dakota Retail Sales Associate Employment Contract

This South Dakota Retail Sales Associate Employment Contract (the “Agreement”) is made and entered into as of [Date] by and between:

[Employer Name], a business with its principal place of business at [Employer Address, City, State], hereinafter referred to as “Employer,”

and

[Employee Name], residing at [Employee Address, City, State], hereinafter referred to as “Employee.”

Position and Duties

• The Employer hires the Employee as a Retail Sales Associate.
• The Employee's duties include, but are not limited to:
• Providing excellent customer service.
• Stocking and merchandising products.
• Operating cash registers and POS systems.
• Implementing loss prevention measures.
• Achieving sales goals.
• Checking and managing inventory.
• Assisting with in-store promotions.
• Maintaining store cleanliness and displays.
• Up-selling and cross-selling products.
• Performing daily opening and/or closing duties as required.
• Complying with all store policies and procedures.
• Adhering to all safety procedures.

Work Location

• The Employee's primary work location will be at [Store Location Address, City, State].
• Option A: The Employee may be required to work at other retail locations owned or operated by the Employer within [radius/area].
• Option B: Any changes to the Employee's work location will be communicated with reasonable notice.
• The Employer reserves the right to temporarily or permanently transfer employee between store locations based on business needs. Employee will be informed in advance of any transfers.

Employment Status and Work Hours

• The Employee’s employment is full-time.
• Option A: The Employee's regular workweek will be [Number] hours per week.
• Option B: The Employee's regular work schedule will be [Days of the week], from [Start Time] to [End Time].
• Work schedules will be provided to the Employee [Number] days in advance.
• As per federal law, the Employee will be paid overtime at a rate of one and one-half (1.5) times their regular hourly rate for all hours worked in excess of 40 hours in a workweek. South Dakota law does not require daily overtime.

Compensation and Benefits

• The Employee will be paid an hourly rate of [Dollar Amount] per hour or a salary of [Dollar Amount] per [Pay Period], which meets or exceeds the South Dakota minimum wage.
• The Employee will be paid [Frequency, e.g., bi-weekly] via [Method, e.g., direct deposit].
• The Employer will maintain accurate timekeeping records.
• Option A: Commission/Sales Incentives: The Employee will be eligible for commission or sales incentives as detailed in [Attached Commission Plan/Policy].
• Option B: Bonuses: The Employee may be eligible for bonuses based on performance criteria as defined by the Employer.
• Benefits: The Employee will be eligible for benefits as outlined in the Employer's benefits plan, including:
• Group health, dental, and vision insurance (eligibility requirements apply).
• Employee discount program.
• 401(k) or other retirement plan (eligibility requirements apply).
• Paid Time Off (PTO) including vacation, sick leave, and personal time, accrued according to company policy.
• Paid holidays: [List of South Dakota State Observed Holidays] or [As per company policy].
• Leave of absence policies in compliance with the Family and Medical Leave Act (FMLA).
• Bereavement leave as per company policy.
• Option: Uniform/Clothing Allowance: The Employee will receive a uniform allowance of [Dollar Amount] per [Time Period].
• Reimbursement: The Employee will be reimbursed for pre-approved work-related expenses.

Reporting Structure

• The Employee will report directly to [Supervisor Title, e.g., Store Manager].
• Escalation of workplace issues should follow the chain of command: [List chain of command, e.g., Assistant Manager, Store Manager, Regional Manager].

Store Operations and Compliance

• The Employee is expected to adhere to all store opening/closing procedures, cash handling policies, and void/refund procedures.
• The Employee must follow safe money drop practices.
• The Employee must protect customer privacy and credit card security in compliance with PCI standards.

Conduct and Performance

• The Employee is expected to maintain a professional demeanor, including:
• Teamwork and effective communication with colleagues.
• Adherence to the company dress code.
• Respectful and courteous behavior towards customers and coworkers.
• The Employee must follow procedures for handling shoplifting, disruptive customers, and other incidents according to company policy and legal requirements.

At-Will Employment

• The Employee's employment is at-will. This means that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, subject to applicable laws.
• Option: Any exceptions to the at-will employment status must be documented in writing and signed by both parties.

Termination of Employment

• Upon termination, the Employer will provide the Employee's final paycheck on the next regular payday, as required by South Dakota law.
• The Employee is required to return all company property, including uniforms, keys, devices, and other materials, upon termination.
• Option: Unused vacation or PTO will be paid out according to the Employer's policy.
• Option: The employee is required to provide [Number] weeks’ notice prior to resignation.

Equal Opportunity and Anti-Discrimination

• The Employer is an Equal Opportunity Employer and does not discriminate based on race, color, religion, sex, national origin, age, disability, genetic information, or any other protected characteristic under federal or South Dakota law.
• The Employer prohibits harassment of any kind in the workplace.
• Employees who believe they have experienced discrimination or harassment should report it to [Designated Person/Department].

Compliance with Laws

• Youth Labor: If the Employee is under 18, the Employee will comply with all applicable federal and South Dakota youth labor laws.
• Alcohol/Tobacco Sales: If applicable, the Employee will comply with all South Dakota laws regarding the sale of alcohol and tobacco, including carding policies and required certifications.

Confidentiality

• The Employee agrees to maintain the confidentiality of all confidential information related to the Employer's business, including customer data, pricing, store promotions, employee records, and inventory data.

Non-Solicitation

• Option: The Employee agrees not to solicit the Employer's customers or employees for a period of [Number] months following termination of employment.
• Note: Non-compete agreements may be subject to specific limitations under South Dakota law.

Use of Company Systems

• The Employee's use of company systems, including registers, POS hardware, video surveillance, and communication devices, is limited to authorized business purposes.
• The Employee must adhere to all information security protocols.

Training

• The Employee is required to participate in regular product knowledge, customer service, and loss prevention training as a condition of employment.

Workplace Safety

• The Employee must follow all workplace safety procedures, including emergency evacuation plans and procedures for handling hazardous materials.
• The Employee must report any workplace injuries to [Designated Person/Department] and comply with South Dakota workers' compensation requirements.

Performance Evaluations and Discipline

• The Employee's performance will be evaluated regularly.
• The Employer utilizes a progressive discipline policy.
• Grounds for corrective action or immediate termination include, but are not limited to, theft, gross misconduct, and falsification of records.

Feedback and Dispute Resolution

• The Employer encourages open communication and feedback from employees.
• Employees are encouraged to utilize internal complaint processes to address workplace issues.
• Option: Any disputes arising out of this Agreement shall be resolved through [Mediation/Arbitration] in South Dakota.

Intellectual Property

• Unless the Employee's job duties specifically involve creating marketing materials or proposing business improvements, this Agreement does not transfer any intellectual property rights to the Employer.

Drug and Alcohol Policy

• The Employee must comply with the Employer's drug and alcohol policy, which is in compliance with South Dakota law.
• Option: The Employee may be subject to drug and alcohol testing as per company policy.

Electronic Document Acknowledgment

• The Employee acknowledges that they may receive schedules, policies, and contract addenda electronically.

Governing Law

• This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota and applicable federal law.

Amendments

• The Employer reserves the right to amend policies or job duties to respond to operational needs, provided that reasonable notice is given to the Employee.

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]

Signature: ____________________________

Date: ____________________________