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Re: Contract wording

Subject: Re: Contract wording
From: Marilynne Smith <marilyns -at- qualcomm -dot- com>
To: "Sean T McFerren" <bigmac68 -at- mailcity -dot- com>, "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Fri, 23 Jun 2000 17:10:04 -0700

It wouldn't work in California. We have laws about how you are to be paid after an 8 hr/day or 40 hr/week. I would guess this is true of a lot of states.

Does the hourly amount for working more than 40 seem reasonable? What happens if you work 16 hours one day and none the next. Is that averaged in to the 40 hours?

At the very least, I'd ask for an explanation and see how they define it.

Marilynne

At 02:52 PM 6/23/00, Sean T McFerren wrote:

I'm about to begin a new contract in which the client and I met without the aid of an agency. However, I have to use one of the client's approved agencies for payroll purposes.

I just received the contract from the agency and wanted to ask your enlightened opinions regarding the following two paragraphs:

The undersigned employee will be paid a fixed weekly salary of $xxxx. The employee will work at least 40 hours per week during each week. To the extent allowed by law, the fixed weekly salary will be reduced because of the employee's absences.

The employee will receive a cash bonus at the end of each weekly period. Said bonus will be based upon the number of hours worked by the employee in excess of 40 hours per week. The bonus will be $xx.xx per hour times the number of hours worked exceeding 40. This agreement is subject to the employee rules and regulations of xxxx.

Is there any reason for, or ramifications of, this wording as apposed to simply stating that I'll be payed x dollars per hour for all hours worked and approved by the client?

Thanks for any opinions or comments--BTW, I'm in Texas.

Sean

~!~ ~!~ ~!~ ~!~ ~!~ ~!~ ~!~
Marilynne Smith
Sr. Technical Writer
QUALCOMM
marilyns -at- qualcomm -dot- com
(858) 651-6664
AE-203B
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