40 | Classification Guidebook © 2024 Seyfarth Shaw LLP | www.seyfarth.com PLAN AND/OR POLICY WHERE THE EMPLOYEE CAN DISCOVER WHAT CHANGES MAY OCCUR DUE TO RECLASSIFICATION AS A NON-EXEMPT EMPLOYEE.] For the particulars concerning your fringe benefits, sick, vacation, and personal time off, please refer to the applicable policies for non-exempt employees in the employee handbook. Should you have any questions about your new pay rate or your reclassification as a nonexempt, overtime-eligible employee, please contact [______________] in HR. If you wish to use the preceding email as a notice of a change in wage rate or method, then you should also consider the following acknowledgements: This notice is being provided to you in accordance with federal and/or applicable state and local laws. It does not constitute a binding contract or agreement and does not change your status with the Company as an at-will employee, which means that both you and the Company can terminate the employment relationship at any time, with or without cause or notice. In most jurisdictions, the notice may end here. For example, 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 this notice to [____________] in HR to confirm your receipt and understanding of it. Employee Acknowledgment By signing below, I acknowledge that I have received the foregoing information regarding my pay rate, overtime 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.
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