Employment Contracts
Employment contracts are not one size fits all.
As seasoned Employment Contract Attorneys, we know that contracts are not one size fits all. Your company may need several different types of contracts to cover all your employees. With employees ranging from hourly non-exempt employees, salaried employees, seasonal employees, and corporate officers, our attorneys can help draft any contract for any employee.
YOUR EMPLOYMENT CONTRACT SHOULD INCLUDE:
The amounts of all types of compensation, whether the employee earns an hourly wage, salary, bonuses, incentives, or commissions;
The nature of work expected, establishing if the employment is full-time or part-time;
The range of time they are expected to work, such as “30 hours a week or less,” or “40-50 hours a week or more”;
And the types and/or amounts of work-related expenses you will (or will not) reimburse.
Protect your company’s confidential information by including confidentiality provisions in the employment agreement and having a separate confidentiality or non-disclosure agreement. We assist you in creating these non-disclosure provisions – or a separate agreement – tailored to any important proprietary information you want to protect, including trade secrets.
As best practice, you may also want to include other provisions in your company’s employment agreement that apply to specific types of employees:
Non-Exempt, Hourly-Paid Employees
Many companies now hire a majority of their hourly employees on a part-time basis to control costs associated with employees who work over 40 hours a week and earn benefits. If you intend for an employee to be part-time with the opportunity to pick up extra shifts or hours, you should require the employee to notify a supervisor if their total hours approach 40 per week.
For a list of laws and regulations regarding information that new employees must be provided with at the time of their hire, head here.
Salaried “Exempt” Employees
A salaried employee may be “exempt” from many of the California Labor Code’s wage and hour laws. But, to be considered exempt, salaried employees must:
- Be paid at least double the minimum wage if they are a full-time (40 hours a week) employee;
- Perform “white collar” work, such as professional, clerical, administrative or executive duties;
- And be allowed to exercise independent judgment in their work.
Executives
Company officers and other executive-level employees must have individualized employment agreements. First and foremost, the agreement should clearly list the scope of executive duties and responsibilities. Since most executives will likely not serve “at will,” you must also clearly define the circumstances under which they can be let go. A guaranteed severance package in the event their employment is terminated should also be detailed in the agreement.
Whether you are just starting a brand new company, run a “mom & pop” business, or already have a large established corporate enterprise, we are here to grow with you and meet your legal needs.
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