38 | Classification Guidebook © 2024 Seyfarth Shaw LLP | www.seyfarth.com If you wish to use the preceding email as a notice of a change in wage rate or method, then, in most jurisdictions, the notice may end here. In Illinois, New Hampshire, and New York, as well as a growing number of local jurisdictions (see e.g., Pinellas County (FL), Minneapolis (MN)), however, the notice should be signed by the employee. Note also that some jurisdictions also require the notice to be provided in the language spoken by the employee. Rather than having only some employees sign, the company could choose to require all affected employees to sign the notice. The suggested acknowledgment, at least for these jurisdictions, is as follows: Please sign below and return the original to [_______] in HR to confirm your receipt of it. Employee Acknowledgment By signing below, I acknowledge that I have received the foregoing information regarding my pay rate and pay day, that I have been given this pay notice in English, and that English is my primary language. Employee’s Signature Employer’s Signature Date: ____________ ___ Date: _______________ _ Recordkeeping Note: Regardless of whether the notice includes a signature block, a copy should be given to the employee, and the original should be kept in the employee’s personnel or compensation file (e.g., New York requires that the original be kept 6 years). Whenever the acknowledgment and signature block are used in a notice, an employer signature and date should be provided even if the employee never signs. If the employee refuses to sign the acknowledgment, add a note to the effect that the employee was shown the wage notice but refused to sign it. 5. Sample Email to Employees Being Reclassified TO: Affected Employees Under FLSA Exemption Rules RE: Your Classification Status Change We wanted to inform you of an adjustment to your classification status which is necessitated by a change in federal law. The U.S. Department of Labor has changed the rules concerning who may be classified as exempt from federal overtime pay requirements (i.e., ineligible for overtime pay). Under the new rules, even if an employee is performing an exempt function, they still must receive overtime pay for hours worked in excess of 40 per week, unless they receive a certain minimum amount of compensation at or above a level set by the DOL and indexed for inflation. The Company greatly values the work you have done as a [OLD OR, IF NOT CHANGING, CURRENT POSITION TITLE]. In that role, you have performed many duties that meet the requirements for exempt status. For that reason, we have thus far classified your position as
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