September 11, 2017
Authored by: BCLP at Work
Part One of this series focused on several of the federal and local filings and registrations that new employers will need to make in preparation for their first hires. In Part Two, we dove into drafting job descriptions and their use in determining whether a position should be classified as exempt or non-exempt under federal and local wage and hour laws. In Part Three, the final post in this three-part series, we’re examining the specifics involved in extending an employment offer. Whether it’s your first time or your twenty-first time, making a job offer is exciting−you’ve finally found your ideal candidate and are looking forward to a bright future together! But the start of the employment relationship also starts the clock on a number of employer obligations and opportunities.
For example, certain states require employers to provide their employees with written notice of certain job-specific information at the time of hire. This information can include notice of the employee’s rate of compensation (both regular and overtime, where appropriate), notice of the employer’s proper legal name, notice of the appropriate pay days, and notice of any commission plans in which the employee may participate. Most of these notice obligations are typically codified in the appropriate state Wage Theft Prevention Act.
Additionally, in most states the signing of a covenant not to compete at the inception of the employment relationship will provide sufficient consideration to support such an agreement. In contrast, in many states, continued employment (i.e. signing such a