Georgia Confirmation of Orally Accepted Employment Offer from Applicant to Company - Exempt or Nonexempt Positions

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Multi-State
Control #:
US-404EM
Format:
Word; 
Rich Text
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Description

This form gives a hired employee the option of confirming an oral offer for an exempt position or a non-exempt position.

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FAQ

An offer of employment is not the same as a job offer letter. If your employer doesn't need an LMIA to hire you for the job, they need to submit the offer of employment in the Employer Portal. Once submitted, the portal generates an offer of employment number that you need when you apply for your work permit.

With few exceptions, to be exempt an employee must be paid at least $23,600 per year or $455 per week, and be paid on a salary basis, and also perform exempt job duties.

Exempt/Nonexempt Classification. Offer letters to nonexempt employees should state that they must record their hours worked and they will be paid overtime (as pre-approved by their supervisor), and describe available meal and rest periods.

If you accept a job which is offered to you verbally, you enter into a legally enforceable contract. Thus, if someone offers you a job over the phone and you accept it, you cannot go for another interview, accept another job and then reject the offer you already accepted.

Some important details about an offer letter are: It is NOT a legally binding contract. It does NOT include promises of future employment or wages. It includes an employment at-will statement.

An employer can rescind an offer of employment at any time before a potential employee has accepted it. However once a job offer is accepted and the employment relationship (a binding contract) has been formed, then it can't be retracted even if the employee hasn't yet started work.

The minimum salary threshold required for an employee to be exempt from overtime was raised from $23,660 annually to $47,476 annually.

Offer letters are provided by the companies to the selected candidates, offering them a job. It contains details regarding the job, whereas an employment letter is the letter that is often used as a proof stating the job details of an employee.

Generally the FLSA exempts executive, administrative, professional, and outside sales employees from overtime requirements provided they meet certain tests regarding job duties and are compensated "on a salary basis."

In general, offer letters are less formal than employment contracts, which typically set terms and conditions of employment that are legally binding. It's also vital for employers to understand that they aren't required by federal law to send an offer letter to new hires.

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Georgia Confirmation of Orally Accepted Employment Offer from Applicant to Company - Exempt or Nonexempt Positions