Exempt Hourly Employee Agreement

EXEMPT HOURLY EMPLOYEE AGREEMENT

Parties and Effective Date

Employer Name:    Employer Address:

Employee Name:    Employee Address:

Agreement Effective Date:

Position and Classification

Start Date:    Hourly Rate (Gross): $

Employment Classification: The parties agree that Employee is classified as an exempt employee for purposes of wage-and-hour laws. Employee will be paid on an hourly basis as set forth above but remains exempt from overtime entitlement under the applicable exemption as described in this Agreement.

Compensation, Hours and Timekeeping

Pay Frequency:    Method of Payment:

Notwithstanding the exempt classification, Employee agrees to maintain accurate time records and to record arrival, departure and meal periods in the manner required by Employer policy. Employer reserves the right to require reasonable additional recordkeeping. Employee acknowledges that the hourly rate compensates for duties and responsibilities and that hourly pay is not an admission that Employee is non-exempt.

Duties and Responsibilities

Employee will perform the duties customarily associated with the position and such other duties as the Employer may reasonably assign. Employee shall devote full business time and attention to the performance of duties hereunder unless otherwise agreed in writing.

Benefits, Leave and Deductions

Employer-provided benefits, leave accruals, and mandatory payroll deductions are governed by applicable law and Employer policies. Employer reserves the right to modify benefit plans, policies, and programs in accordance with applicable law.

Confidentiality, Inventions and Non-Solicitation

Employee shall not disclose Employer confidential information obtained during the course of employment. All inventions, discoveries, improvements and work product conceived or developed by Employee during the term of employment that relate to Employer business are the sole property of Employer. Employee agrees that, during employment and for a period of 12 months following termination, Employee will not solicit Employer employees or clients for competitive purposes if such conduct would cause material harm to Employer.

I acknowledge receipt of this Confidentiality and Inventions clause and agree to be bound by its terms.

Background Check and Authorization

Employee expressly authorizes Employer to obtain consumer reports, criminal background checks, and verification of education and past employment history to the extent permitted by law. Employee further authorizes former employers and educational institutions to disclose relevant information.

I authorize background checks and verification of the information provided in this Agreement and related application materials.

Employment History

Dates Employed: From to

Dates Employed: From to

Education

References

Legal Disclosures

At-Will Employment: Unless specifically provided otherwise in a separate written agreement signed by an authorized representative of Employer, Employee's employment is at-will. Either party may terminate the employment relationship at any time, with or without cause and with or without notice.

Equal Opportunity: Employer does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, genetic information, or any other protected characteristic. All employment decisions are based on legitimate, nondiscriminatory business reasons.

Applicant Certification and Authorization

I certify that the information provided in this Agreement and any attachments is true, complete and accurate to the best of my knowledge. I understand that falsification, omission or misrepresentation of information may result in the withdrawal of an offer or termination of employment. I authorize Employer to verify any information contained herein, including contacting prior employers and educational institutions.

I certify the foregoing and authorize verification and reference checks.

Dispute Resolution and Governing Law

Any dispute arising out of or relating to this Agreement shall be governed by the laws of the state in which Employee principally works, without regard to conflicts of law principles. Employer may require arbitration of employment disputes under its arbitration policy; such requirement, if applicable, will be provided to Employee separately in writing.

Miscellaneous

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes prior agreements and understandings. Any amendment must be in writing and signed by both parties. If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.

Acknowledgements

I acknowledge receipt of Employer policies and the employee handbook, if provided.

I acknowledge that I have received and reviewed the job description for my position.

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