Simple Offer Letter | Overtime | Employment

[Company Letterhead] Date

Name Address Dear ________________, We are pleased to offer you a job with [Apple, Inc.] (the "Company"), as [title], commencing on [start date]. Your direct manager will be ______________. Your annual salary will be ______________, paid [semi-monthly] in accordance with the Company's standard payroll policies, which may change from to time. You will be eligible to participate in the Company's benefit plans and programs available to our regular, full-time employees. [If you have a standard bonus program, a good example would be: You will be eligible for a bonus in accordance with the Company's bonus programs as they may be amended from time to time. Currently, you are eligible for a bonus of up to __________ on an annualized basis, which will be paid [annually/semi-annually/ other] on a prorated basis from your time of hire through the end of the bonus period. Eligibility and the amount of the bonus will be dependent on __________________ as set forth in the current bonus program. In addition, you must be in good standing with the Company and employed at the time the bonus is distributed to be eligible for the bonus.] You should be aware that your employment with the Company is for no specified period and constitutes at will employment. As a result, you are free to resign at any time, for any reason or for no reason. Similarly, the Company is free to conclude its employment relationship with you at any time, with or without cause, and with or without notice. You agree that, during the term of your employment with the Company, you will not engage in any other employment, occupation, consulting or other business activity directly related to the business in which the Company is now involved or becomes involved during the term of your employment, nor will you engage in any other activities that conflict with your obligations to the Company. On your first day of employment you will be asked to submit verification of your legal right to work in the U.S.. You will be expected to sign and comply with an Proprietary Information and Invention Assignment Agreement, which requires, among other provisions, the assignment of patent rights to any invention made during your employment at the Company and non-disclosure of proprietary

information. In addition, you will be expected to abide by company rules and regulations. To indicate your acceptance of the Company’s offer, please sign and date this letter in the space provided below and return it to ____________. A duplicate original is enclosed for your records. This letter may not be modified or amended except by a written agreement, signed by an authorized signatory of the Company and by you. This offer expires ___________ days from the date of this letter. We are looking forward to having you join [Apple, Inc.] Sincerely, ______________________ [title] on behalf of [Apple, Inc.] Agreed and accepted this _______ day of ___________, ___________. ________________________ [Name]

NOTES: This is an offer letter for a US full time exempt employee. It contains bracketed optional language for an annual bonus. Exempt versus Non-exempt -- This letter assumes that the employee is an exempt employee who is not entitled to overtime. This has been a real problem for technology companies in particular. Since this is highly fact intensive, my advice is that once you are hiring employees who really have no managerial authority or independent discretion that you consult with a labor attorney or that you act more cautiously and hire them on an hourly basis and not permit them to work more than 40 hours a week (also allowing lunch breaks) unless you are willing to pay overtime. There may be a small company exemption so its worth checking. This is a real problem area for companies right now. Proprietary Inventions and Assignment Agreement -- This offer letter assumes you have one. You may have one by another name, in which case, edit accordingly. If you do not have one, you should have one if you are dealing with technology or any proprietary IP.

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