Welcome to Omnipresent’s guide on tailoring USA employment contracts. Our goal is to simplify the customization process while ensuring legal compliance and operational efficiency. This article will guide you through various options to align your employee contracts with the unique needs of your business.
Customizable elements:
Contract terms
Pre-employment checks: You have the option to conduct pre-employment checks (e.g. health, backgrounds, etc.) and provide the employee with any documentation needed to be filled out in relation to it.
Seniority recognition: You can acknowledge an employee’s previous years of service (with the exception of employees located in the state of Montana). However, if the person was previously hired as a contractor, we will not be able to recognize the seniority.
Work arrangements
Flexible work arrangements: Choose from fixed, mixed, or fully flexible hours.
Place of work: Choose between a fully remote or hybrid work arrangement.
Compensation and perks:
Annual leave: From statutory entitlement to unlimited time off. Choice between immediate entitlement to the full amount or pro-rata basis.
Sick leave: Options from statutory sick leave to enhanced terms.
Parental leave: Facilitate enhanced maternity, paternity, and parental leave entitlements. Although we can facilitate this, it will not be mentioned in the employment contract.
Items for separate side agreements:
Variable compensation: Include bonuses, commissions, or other compensation plans.
Equipment provisions: Agreement on equipment to be made outside the contract.
IP/Confidentiality clauses: Standard clause included; customization requires a separate agreement.
Reimbursement of expenses: Not specified in the contract.
Equity/Stock Options: Agreement on stock options to be made outside the contract.
Employee Travel: Occasional travel is covered by the employment contract and subject to legal and operational feasibility. All related details and expenses are to be covered by the client.
Non-customizable areas:
Contract Duration: We can only offer indefinite contracts.
Probation periods: We cannot include probationary periods.
Notice period: We cannot include notice periods.
Restrictive covenants: We cannot include restrictive covenants.
Backdating start dates: Not permissible to cover work prior to joining Omnipresent.
Salary in foreign currency: Salaries are provided in USD as per local regulations.
Overtime payments: We only hire exempt employees that are not subject to overtime payments.
Payroll frequency: Semi-monthly. Payments occur on the 15th and the last day of the month.
Salaries for hourly employees: Omnipresent currently does not support hourly salary structures.
Important note: It's important to mention that while you have multiple options for customizing the content of the contract, any stylistic alterations to the contract’s format or presentation are not allowed. This measure is in place to maintain the standardization and legal integrity of the contract.
Frequently Asked Questions
Can I include night shifts in flexible work arrangements?
No, night shifts are not supported under flexible work arrangements.
Conclusion
Omnipresent is committed to providing flexible, legally compliant employment contract options for your US-based employees. We hope this guide assists you in effectively customizing your contracts to suit your business needs.