In the fast-paced world of employment law, where scandals and groundbreaking lawsuits are front page news, more mundane requirements for documentation that employers provide to candidates and employees can fall through the cracks. While these requirements may not be as sensational as the latest sexual harassment allegations or the potential repeal or scaling back of the Dodd-Frank Act, overlooking them can expose employers to potentially devastating liability.
Below is a checklist of fundamental provisions and best practice tips with regard to standard documents maintained by employers that are frequently omitted or neglected by even the most sophisticated employers. This checklist concerns important employment law issues under New York and Federal law. To the extent an employer has employees in jurisdictions other than New York, it is imperative to consult local counsel regarding these issues.
1. Employment contracts/offer letters
• Overtime
While often required by law (see New York State Wage Theft Prevention Act), even where it is not mandatory, it is the best practice to clearly delineate in an offer letter or contract whether an employee's position is eligible for overtime pay.
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