48 | Classification Guidebook © 2024 Seyfarth Shaw LLP | www.seyfarth.com exception of an increase), Minnesota, Minneapolis (MN), Missouri (only for a decrease in pay), Montana (posting sufficient), Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina (with the exception of an increase), Pennsylvania (posting sufficient), Rhode Island, South Carolina (with the exception of an increase), Tennessee (only for decrease in pay), Utah (posting sufficient), West Virginia (posting sufficient), and Seattle (WA). Note: Clients should consult Seyfarth’s Survey Center for the most up to date list. Despite the exceptions noted, we generally recommend that the company provide employees with advance, written notice of any change so that it will have proof that each employee has, in fact, received advance notice of the change. Notice should be given at least two weeks or one pay period before the change takes effect, whichever is longer, except in Missouri, which requires 30 days’ notice of any wage reduction. Please note that some jurisdictions such as Arizona, Flagstaff (AZ), California, DC, Pinellas County (FL), Chicago (IL), Cook County (IL), Massachusetts, Minnesota, New Jersey, New York, New York City (NY), Westchester County (NY), Pittsburgh (PA), Vermont and Seattle (WA) also mandate or offer a template/model notice for new hire wage notices. Note: Clients should consult Seyfarth’s Survey Center for the most up to date list. With the exception of the mandated form for DC, the template notice below should suffice for notifying existing employees about a change in their pay and classification. The notices should be provided in English as well as the employee's primary language. Because these laws are continuously evolving, the company should seek counsel before using the below template at any time following the conclusion of the current job review project. [COMPANY MEMO HEADER] To: [SPECIFIC EMPLOYEE’S NAME] From: [SENDER - LIKELY HR, LEGAL, OR A BUSINESS LEADER] Cc: [NAME OF DIRECT MANAGER OVER AFFECTED EMPLOYEE] Date: [DATE, WHICH SHOULD BE THE LONGER OF 2 WEEKS OR 1 PAY PERIOD IN ADVANCE OF RAISE TAKING EFFECT] Subject: Notification of Change in Your Pay As we discussed during the [company-wide/department-wide/team-wide] [webinar/phone call/meeting], the U.S. Department of Labor (“DOL”) recently changed the rules concerning the circumstances in which an employee may be classified as exempt from (or ineligible for) overtime pay. In response to that change in rules, the Company has decided to raise your base salary [as a [OLD POSITION TITLE, IF NOT CHANGING; IF CHANGING, DO NOT REFERENCE TITLE HERE] to $[___] per week (which annualizes to $[___] per year) and to continue to classify you as an exempt overtime-ineligible employee. [IF TITLE OF POSITION IS
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