South Dakota warehouse worker employment contract template

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How South Dakota warehouse worker employment contract Differ from Other States

  1. South Dakota employment is generally considered at-will, allowing termination by either party without cause, except as limited by contract.

  2. Minimum wage in South Dakota is set by state law and may differ from federal or other states’ rates, impacting compensation terms.

  3. South Dakota has specific provisions on meal and rest breaks for warehouse workers, which may be less prescriptive than in other states.

Frequently Asked Questions (FAQ)

  • Q: Is an employment contract required for warehouse workers in South Dakota?

    A: No, written employment contracts are not legally required but are recommended to clarify the rights and duties of both parties.

  • Q: Can the contract include non-compete clauses in South Dakota?

    A: Yes, non-compete clauses are allowed in South Dakota, but they must meet statutory requirements to be enforceable.

  • Q: What is the minimum wage for warehouse workers in South Dakota?

    A: As of 2024, South Dakota's minimum wage is $10.80 per hour, subject to annual adjustments based on the cost of living.

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South Dakota Warehouse Worker Employment Contract

This South Dakota Warehouse Worker Employment Contract (the "Agreement") is made and effective as of [Date] by and between:

[Employer Legal Name], a [State] [Business Type] with its principal place of business at [Employer Address], hereinafter referred to as "Employer," and

[Employee Legal Name], residing at [Employee Address], hereinafter referred to as "Employee."

1. Position

The Employer hires the Employee as a Warehouse Worker.

  • Option A: Full-Time Employee.
  • Option B: Part-Time Employee.
  • Option C: Temporary Employee.

2. Job Duties

The Employee's job duties include, but are not limited to:

  • Unloading and loading shipments.
  • Order picking and packing.
  • Handling inventory.
  • Labeling.
  • Operating forklifts and pallet jacks (subject to proper certification).
    • Option A: Forklift certification is required prior to operating.
    • Option B: Employer will provide forklift certification training.
  • Maintaining accurate inventory logs.
  • Complying with safety procedures.
  • Participating in warehouse cleaning and maintenance.
  • Daily equipment inspections.
  • Handling potential hazardous materials per OSHA and South Dakota regulations.
  • Following all supervisor instructions regarding warehousing practices.

3. Physical Requirements

The Employee must be able to:

  • Lift [Weight] pounds.
  • Stand for extended periods.
  • Work in varying temperature environments.
  • Properly use safety gear (PPE).

4. Work Location

The Employee's primary work location is [Employer Warehouse Address] in South Dakota.

  • Option A: The Employee may be temporarily assigned to other sites within South Dakota.
  • Option B: The employee might work at customer locations inside South Dakota.

5. Work Schedule

The Employee's work schedule is:

  • Full-time, approximately 40 hours per week.
  • Workdays: [List Days of the Week].
  • Shift times: [Start Time] to [End Time].
    • Option A: Rotating shifts may be required.
    • Option B: Night shifts may be required.

6. Overtime

Overtime will be paid at 1.5 times the regular rate for hours worked over 40 in a workweek, as required by South Dakota law.

  • Option A: Overtime requires pre-approval from [Position Title].
  • Option B: No overtime without management approval.

7. Rest and Meal Breaks

The Employee is entitled to:

  • A [Number]-minute unpaid meal break.
  • A [Number]-minute paid rest break.
    • Option A: Meal breaks must be scheduled according to company policy.
    • Option B: Employee is responsible to manage their own breaks.

8. Time Reporting

The Employee must accurately report all worked hours using the [Time Clock System].

  • Option A: Time theft or misreporting will result in disciplinary action.
  • Option B: All hours must be approved by supervisor [Supervisor Name].

9. Compensation

The Employee's compensation is:

  • [Dollar Amount] per hour/ [Dollar Amount] annually.
  • Paid via [Payment Method: Direct Deposit, Check].
  • Pay frequency: [Weekly/Bi-weekly].
    • Option A: Shift differential of [Dollar Amount] for [Shift] shift.
    • Option B: Hazard pay of [Dollar Amount] for handling [Hazardous Material].

10. Bonuses and Incentives

The Employee may be eligible for:

  • Bonuses based on [Key Performance Indicators (KPIs)].
    • Example: Attendance, accuracy, productivity.
  • Performance reviews and potential wage increases.

11. Benefits

The Employee is eligible for the following benefits:

  • Health insurance ([Eligibility Details], employee cost: [Dollar Amount/Percentage]).
  • Vision insurance ([Eligibility Details], employee cost: [Dollar Amount/Percentage]).
  • Dental insurance ([Eligibility Details], employee cost: [Dollar Amount/Percentage]).
  • Retirement/401(k) ([Eligibility Details], employer contribution: [Percentage]).
  • Paid vacation leave ([Accrual Rate]).
  • Sick leave ([Accrual Rate]).
  • Holiday leave ([List of Holidays]).
  • Health and safety training (OSHA, forklift certification).
  • Employee assistance program.

12. At-Will Employment

Employment is at-will, meaning either party may terminate the employment relationship at any time, with or without cause or notice.

13. Termination

  • Voluntary Resignation: Employee will provide [Number] days' written notice.
  • Company-Initiated Dismissal: Employer may terminate employment at any time.
  • Disciplinary Process: For misconduct/attendance violations/safety infractions.
    • Option A: Progressive discipline will be followed.
    • Option B: Some infractions may result in immediate termination.
  • Return of company property (uniforms, equipment, keys, ID badge).
  • Final paycheck will be issued on the next regular payday after separation, as required by South Dakota law.
  • Unused paid leave accruals will be handled according to company policy and state law.

14. Workplace Safety

The Employee must comply with all South Dakota OSHA regulations and Employer safety policies.

  • Mandatory participation in safety briefings.
  • Accident/injury reporting process.
  • Use of PPE.
  • Emergency evacuation protocols.
  • Right to refuse dangerous work.
  • Notice to Employer of hazardous conditions.
  • Proper handling, storage, and documentation of hazardous materials/chemicals.

15. Background Checks and Drug/Alcohol Screenings

The Employee is subject to:

  • Pre-employment background check.
  • Pre-employment drug and alcohol screening.
  • Random drug and alcohol screenings.

16. Warehouse Policies

The Employee must adhere to all warehouse policies, including:

  • Prohibition of workplace violence, fighting, substance abuse, theft, harassment.
  • Restrictions on personal electronic device use in certain areas.

17. Training Requirements

The Employee is required to complete training for equipment and tasks.

  • Employer will pay for time spent in mandatory training.
  • Recertification processes are required for certain equipment.
  • Employee is obligated to maintain current equipment certifications.

18. Confidentiality

The Employee must maintain the confidentiality of:

  • Inventory records.
  • Shipment contents.
  • Customer/supplier information.

19. Non-Solicitation/Non-Disclosure

The Employee agrees to not solicit customers or disclose confidential information.

20. Anti-Discrimination/Equal Opportunity

The Employer is an equal opportunity employer and does not discriminate based on race, color, religion, sex, national origin, age, disability, veteran status, or any other protected category.

21. Workplace Accommodations

The Employer will provide reasonable accommodations for disabilities or medical conditions.

22. Workers' Compensation

The Employee is covered by South Dakota workers' compensation.

  • Employee rights and reporting process for workplace injury/illness.
  • Access to "First Report of Injury" documentation.

23. Loss Prevention and Security

The Employee must participate in loss prevention initiatives and security screening.

24. Company Property

The Employee is responsible for the proper care of company property, uniforms, and equipment.

  • Reporting damage or loss.
  • Employee liability for damage.
  • Return of property at termination.

25. Dispute Resolution

Disputes will be resolved through:

  • Direct communication.
  • Escalation to HR or management.
  • Mediation.
  • Arbitration.
  • South Dakota law governs this Agreement, with venue in [County] County, South Dakota.

26. Acknowledgment

The Employee acknowledges that they have read and understood all warehouse-specific rules and safety policies.

27. Union Status

  • Option A: This position is covered by a collective bargaining agreement with [Union Name].
  • Option B: This position is not covered by a collective bargaining agreement.

28. Modification of Procedures

The Employer reserves the right to modify warehouse procedures, job assignments, or shift schedules with reasonable notice.

Employee Signature: ____________________________ Date: ____________________________

Employer Signature: ____________________________ Date: ____________________________

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