Employment contracts are not a legal requirement for hiring new employees, but they allow employers and employees to get on the same page and avoid complications down the line.
Contents |
Types (2)
Independent Contractor Agreement – Outlines the professional relationship between an independent contractor and their client.
Download: PDF, Word (.docx), OpenDocument
Subcontractor Agreement – Establishes a working arrangement between a contractor and a subcontractor.
Download: PDF, Word (.docx), OpenDocument
Laws
- Labor Statutes: Title 34
- Definition of Employee: § 34-06-01(2)
- Minimum Wage: $7.25/hr (§ 34-06-22)
- Overtime: One and a half (1 ½) times hourly wage after employee has worked more than forty (40) hours in a week (Amin. Code § 46-02-07-02(4)).
- Record Keeping: Employers shall keep records of employee names, SSN, dates of employment, hours worked, wages paid, etc. for a minimum of five (5) years (Admin. Code § 27-02-02-01). Employers shall keep records of wages, job classifications, and other employment conditions of each employee at least two (2) years following their termination (§ 34-06-1-07).
At-Will Employment
Permitted? Yes, unless specified in the employment contract, all employment relationships are considered at-will and can be terminated without notice of cause. However, certain reasons for termination are considered “wrongful termination,” such as a breach of contract (firing the employee before the contract has ended), discrimination (§ 14-02.4-03(1)), public policy (e.g., serving as a juror (§ 27-09.1-17)), and retaliation (§ 34-01-20).