California Employment Agreement / Offer Letter (2026)

A job offer letter or full employment agreement with pay, benefits, confidentiality, IP and restrictive covenants drafted to your state's non-compete, sick-leave and pay-timing rules.

Updated September 11, 2026≈ 10 minReviewed against Cal. Lab. Code §§ 2870-2872 · Cal. Lab. Code § 204 · Cal. Lab. Code §§ 245-249

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What you'll get

Sample first page of the Employment Agreement / Offer Letter. Your answers fill in the blanks; the clauses required in California are added automatically.

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What this document covers

Offer letter or full employment agreement in one wizard
Position, duties, location and start date
At-will or fixed term
Exempt / non-exempt status with FLSA overtime note
Salary or hourly pay, bonus and commission plan
Benefits, PTO and state paid sick leave
Confidentiality, DTSA notice and IP assignment with state carve-outs
Non-solicitation and state-compliant non-compete
Termination, final pay timing and return of property
Optional arbitration, governing law, state new-hire notices

California rules that this document follows

Non-compete rule	VoidSource: Cal. Bus. & Prof. Code §§ 16600, 16600.1, 16600.5, 16601-16602.5
Invention-assignment carve-out	Statute limits assignment to work-related inventions; written notice to the employee requiredSource: Cal. Lab. Code §§ 2870-2872
Pay frequency	at least twice each calendar month on regular paydays designated in advance (exempt executive/administrative/professional employees may be paid monthly by the 26th)Source: Cal. Lab. Code § 204
Final paycheck	Discharged: immediately at the time of discharge. Resigned: within 72 hours after resignation, or on the last day if the employee gave at least 72 hours' notice.Source: Cal. Lab. Code §§ 201, 202; waiting-time penalty § 203
Paid sick leave	Healthy Workplaces, Healthy Families Act — 1 hour per 30 hours worked (or 40 hours front-loaded), up to 40 hours / 5 days of use per year (accrual may be capped at 80 hours / 10 days) (all employers)Source: Cal. Lab. Code §§ 245-249
Pay transparency	Pay range required in job postings (15+ employees)Source: Cal. Lab. Code § 432.3(c)
New-hire wage notice	Wage Theft Protection Act notice (Lab. Code § 2810.5, DLSE template): rate(s) and basis of pay, overtime rate, allowances, regular payday, employer's legal and DBA names, address and phone, workers' compensation carrier, paid sick leave statement, and (from 2024) emergency/disaster declaration information; non-exempt employees onlySource: Cal. Lab. Code § 2810.5
Exempt salary floor	$1,352.00/week ($70,304.00/yr, 2026) — 2 × state minimum wage ($16.90 in 2026) × 2,080 hoursSource: Cal. Lab. Code § 515(a)
Written commission plan	Required: a written contract setting the method by which commissions are computed and paid, signed by the employer, with a signed receipt from the employeeSource: Cal. Lab. Code § 2751

Rules current as of 2026-09-14. Statutes change; verify before relying on them.

How to use this Employment Agreement / Offer Letter in California

Decide exempt vs. non-exempt honestly: the salary floor and the duties test both matter, and misclassification is the most expensive payroll mistake.

Give the signed offer letter or agreement before the first day, together with the California new-hire wage notice (Cal. Lab. Code § 2810.5), and complete Form I-9 within three business days of the start date.

Pay transparency: California requires the pay range in every job posting (Cal. Lab. Code § 432.3(c)); the offer letter states the range you enter.

Frequently asked questions

Can I include a non-compete in California?

California voids post-employment non-competes (Cal. Bus. & Prof. Code § 16600), so the wizard does not print one; use confidentiality and, where lawful, non-solicitation instead.

When is the final paycheck due in California?

If discharged: immediately at the time of discharge. If the employee resigns: within 72 hours after resignation, or on the last day if the employee gave at least 72 hours' notice (Cal. Lab. Code §§ 201, 202; waiting-time penalty § 203). Wages must otherwise be paid at least twice each calendar month on regular paydays designated in advance (exempt executive/administrative/professional employees may be paid monthly by the 26th) (Cal. Lab. Code § 204).

Does California require paid sick leave?

Yes — Healthy Workplaces, Healthy Families Act (Cal. Lab. Code §§ 245-249): 1 hour per 30 hours worked (or 40 hours front-loaded), up to 40 hours / 5 days of use per year (accrual may be capped at 80 hours / 10 days); applies to all employers. Local ordinances: Los Angeles, San Francisco, San Diego, Oakland, Berkeley, Emeryville, Santa Monica and West Hollywood.

What salary makes an employee exempt in California?

$1,352.00 per week ($70,304.00 per year) in 2026 — 2 × state minimum wage ($16.90 in 2026) × 2,080 hours (Cal. Lab. Code § 515(a)). The federal FLSA floor is $684 per week.

Does California limit invention assignment?

Yes. Cal. Lab. Code §§ 2870-2872 limits assignment to work-related inventions and requires written notice of the carve-out, which the agreement prints in Section 6.

Other names

offer letter
job offer letter
employment contract
employee agreement
at-will employment agreement
executive employment agreement
hiring letter
work contract

Other states

FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.