© 2024 Seyfarth Shaw LLP | www.seyfarth.com Classification Guidebook | 39 exempt and paid you a market-competitive salary intended to cover all hours you worked each workweek. You and your work remain of incredible importance to the Company. But in response to the government’s changes to the overtime exemption rules [, and in light of your new duties], the Company has decided to reclassify you as a non-exempt (i.e., overtime-eligible) employee. Your core function and importance to the Company remains unchanged. [Your job title and] [T/t]he specific duties that the Company expects of you, however, will be somewhat different. A copy of your new job description is attached and has been provided to your manager. Going forward, your performance will be evaluated based on the duties as described in the new job description. Please note that you will be required to record and report all hours worked, including overtime, using [______]. More information in this regard and specific instructions will be provided by [______] [at/on ______________]. [USE THIS PARAGRAPH IF EMPLOYEE LIVES AND WORKS IN A STATE WITH NO DAILY OVERTIME PAY REQUIREMENTS AND WILL BE PAID SOLELY ON AN HOURLY BASIS] Going forward, you will be paid an hourly rate of $___, and at time and one-half your regular rate of pay for all hours that you work in excess of 40] per week. This means that for weeks in which your only compensation is your hourly rate of pay, you will be paid for any overtime hours worked at the time and one-half rate of $__. Please consult with your Seyfarth attorney to tailor language for your compensation plan, particularly if it will involve forms of compensation not noted in the prior paragraph (e.g., salary, day rate, piece rate, commissions) and/or other methods of calculating overtime pay (e.g., the “half-time” or fluctuating workweek methods). [ USE THIS PARAGRAPH IF EMPLOYEE LIVES OR WORKS IN A STATE WITH DAILY OVERTIME REQUIREMENTS] Going forward, you will be paid [an hourly rate of $__ / a weekly salary of $___], plus time and one-half your regular rate of pay for hours that you work in excess of [8 OR OTHER APPLICABLE DAILY THRESHOLD] per day [DESCRIBE ANY ADDITIONAL OVERTIME PAY REQUIREMENTS, LIKE CALIFORNIA’S REQUIREMENTS RELATING TO WORK ON A 7th CONSECUTIVE DAY AND DOUBLE-TIME PAY FOR WORK IN EXCESS OF 12 HOURS/DAY]. Please consult with your Seyfarth attorney to tailor language pertaining to states with daily overtime requirements, like Alaska, California, Colorado, Florida (for manual labor), Nevada, Oregon (for mill, factory, or manufacturing employers), or Puerto Rico. Your new pay rate and pay method will be reflected in your paycheck for the pay period ending [___________], 202__. Your workweek, for purposes of determining whether you have worked overtime hours in the week, will begin at [time] on [day] and continues until [time] on the following [day]. [For states with daily overtime requirements, the workday starts for overtime purposes at [time].] and pay dates will not change, and the Company will continue to pay you [weekly/bi-weekly/semi-monthly]. Your eligibility for any incentive payments, such as bonuses and commissions, [will/will not] change. [IF CHANGES WILL OCCUR, DESCRIBE THEM GENERALLY OR REFER TO A
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