In the fast-paced world of employment law, where scandals and groundbreaking lawsuits are frontpage news, more mundane requirements for documentation thatemployers provide to candidates and employees can fall through thecracks. While these requirements may not be as sensational as thelatest sexual harassment allegations or the potentialrepeal or scaling back of the Dodd-Frank Act, overlooking them can exposeemployers to potentially devastating liability.

Below is a checklist of fundamental provisions and best practicetips with regard to standard documents maintained by employers thatare frequently omitted or neglected by even the most sophisticatedemployers. This checklist concerns important employment law issuesunder New York and Federal law. To the extent an employer hasemployees in jurisdictions other than New York, it is imperative toconsult local counsel regarding these issues.

1. Employment contracts/offer letters

• Overtime

While often required by law (see New York State Wage Theft Prevention Act), evenwhere it is not mandatory, it is the best practice to clearlydelineate in an offer letter or contract whether an employee'sposition is eligible for overtime pay.

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