Employee Retainer Agreement Template for United States

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Key Requirements PROMPT example:

Employee Retainer Agreement

"I need an Employee Retainer Agreement for a senior software developer who will work remotely from California, with a monthly retainer of $15,000 and specific provisions for intellectual property rights and data security protocols, starting March 1, 2025."

Document background
The Employee Retainer Agreement is utilized when organizations need to secure ongoing, dedicated services from employees while providing them with stable, guaranteed compensation. This contract type is particularly valuable for roles requiring consistent availability and specialized expertise. The agreement, governed by U.S. federal and state employment laws, typically includes detailed provisions for work scope, compensation, benefits, intellectual property rights, and termination conditions. It differs from standard employment agreements by emphasizing the retainer nature of the relationship and often includes minimum guaranteed hours or availability requirements.
Suggested Sections

1. Parties: Identification of employer and employee with full legal names and addresses

2. Background: Context of the agreement and purpose of the retainer arrangement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of employee's roles, responsibilities, and duties

5. Term: Duration of the agreement and renewal terms

6. Compensation: Retainer amount, payment schedule, and any additional compensation

7. Termination: Conditions and process for ending the agreement

Optional Sections

1. Benefits: Details of any benefits package including health insurance, retirement plans, or other benefits

2. Intellectual Property: Provisions regarding ownership of work product and inventions created during employment

3. Non-Compete: Restrictions on post-employment competition and protection of business interests

4. Remote Work: Terms and conditions for remote working arrangements if applicable

Suggested Schedules

1. Schedule A - Compensation Details: Detailed breakdown of salary, bonuses, and other compensation elements

2. Schedule B - Job Description: Detailed outline of responsibilities and performance metrics

3. Schedule C - Benefits Package: Comprehensive description of benefits offered to the employee

4. Appendix A - Company Policies: Reference to relevant company policies and procedures that apply to the employment relationship

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

Fair Labor Standards Act (FLSA): Federal law governing minimum wage, overtime pay, employee classification (exempt vs. non-exempt), and record-keeping requirements

Internal Revenue Code: Federal tax regulations covering tax withholding, employee vs. independent contractor classification, and benefits taxation

Employment Retirement Income Security Act (ERISA): Federal law regulating employee benefit plans and their administration in private industry

Immigration Reform and Control Act: Federal law requiring employment eligibility verification for all employees

Equal Employment Opportunity Laws: Federal laws including Title VII of the Civil Rights Act, ADA, and ADEA, protecting against workplace discrimination

State Labor Laws: State-specific regulations governing minimum wage, overtime, and meal/rest break requirements

State Employment Security Laws: State-level regulations covering unemployment insurance and workers' compensation requirements

State Contract Laws: State-specific regulations governing contract enforceability, including non-compete clauses and at-will employment provisions

State Privacy Laws: State-level regulations concerning data protection and confidentiality requirements in employment relationships

Scope of Employment: Key contract section defining job duties, responsibilities, and expectations of the employment relationship

Compensation Structure: Contract provisions detailing salary, bonuses, commissions, and other forms of compensation

Benefits: Contract sections covering health insurance, retirement plans, paid time off, and other employee benefits

Term and Termination: Contract provisions specifying duration of employment and conditions for termination

Confidentiality: Provisions protecting company trade secrets and confidential information

Intellectual Property Rights: Clauses governing ownership of work product and innovations created during employment

Non-compete/Non-solicitation: Restrictions on post-employment competition and solicitation of employees or customers

Dispute Resolution: Procedures for handling employment-related disputes, including arbitration or mediation requirements

Choice of Law/Venue: Specifications for which state's laws govern the agreement and where disputes will be resolved

Integration/Modification Clauses: Provisions establishing the agreement as complete and defining how modifications can be made

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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