New York 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 BDO Seidman v. Hirshberg, 93 N.Y.2d 382 · N.Y. Lab. Law § 203-f · N.Y. Lab. Law § 191

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Sample first page of the Employment Agreement / Offer Letter. Your answers fill in the blanks; the clauses required in New York 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

New York rules that this document follows

Non-compete rule	Enforceable if reasonableSource: BDO Seidman v. Hirshberg, 93 N.Y.2d 382 (1999)
Invention-assignment carve-out	Statute limits assignment to work-related inventionsSource: N.Y. Lab. Law § 203-f
Pay frequency	manual workers weekly (within 7 days after the week ends); clerical and other workers at least semimonthly; commission salespersons at least monthly under a signed written agreementSource: N.Y. Lab. Law § 191(1)
Final paycheck	Discharged: not later than the regular payday for the pay period in which the termination occurred. Resigned: same — next regular payday.Source: N.Y. Lab. Law § 191(3)
Paid sick leave	New York Paid Sick Leave law — 1 hour per 30 hours worked, up to 56 hours (100+ employees); 40 hours (5-99, or net income over $1 million); 40 hours unpaid (4 or fewer) (5+ employees for paid leave (NYC Earned Safe and Sick Time Act also applies))Source: N.Y. Lab. Law § 196-b
Pay transparency	Pay range required in job postings (4+ employees)Source: N.Y. Lab. Law § 194-b
New-hire wage notice	Wage Theft Prevention Act notice (LS 54 / LS 59): rate(s) of pay and basis, overtime rate for non-exempt employees, allowances claimed, regular payday, employer's legal and DBA names, address and phone; in English and the employee's primary language; signed acknowledgment kept 6 yearsSource: N.Y. Lab. Law § 195(1)
Exempt salary floor	$1,275.00/week ($66,300.00/yr, 2026) — NYC, Long Island and Westchester (executive/administrative); $1,199.10/wk ($62,353.20/yr) elsewhere in the stateSource: 12 NYCRR § 142-2.14(c)(4)
Written commission plan	Required: commission salespersons: written agreement signed by both parties describing how wages, salary, drawing account, commissions and other pay are calculated and paid on termination; kept 3 years; commissions paid at least monthlySource: N.Y. Lab. Law § 191(1)(c)

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

How to use this Employment Agreement / Offer Letter in New York

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 New York new-hire wage notice (N.Y. Lab. Law § 195(1)), and complete Form I-9 within three business days of the start date.

Pay transparency: New York requires the pay range in every job posting (N.Y. Lab. Law § 194-b); the offer letter states the range you enter.

Frequently asked questions

Can I include a non-compete in New York?

Yes, if reasonable in time, area and scope and supported by a legitimate business interest (BDO Seidman v. Hirshberg, 93 N.Y.2d 382 (1999)). Common-law BDO Seidman test: no greater than needed to protect legitimate interests, no undue hardship, not injurious to public; S4641 (ban below $500,000) pending in 2026.

When is the final paycheck due in New York?

If discharged: not later than the regular payday for the pay period in which the termination occurred. If the employee resigns: same — next regular payday (N.Y. Lab. Law § 191(3)). Wages must otherwise be paid manual workers weekly (within 7 days after the week ends); clerical and other workers at least semimonthly; commission salespersons at least monthly under a signed written agreement (N.Y. Lab. Law § 191(1)).

Does New York require paid sick leave?

Yes — New York Paid Sick Leave law (N.Y. Lab. Law § 196-b): 1 hour per 30 hours worked, up to 56 hours (100+ employees); 40 hours (5-99, or net income over $1 million); 40 hours unpaid (4 or fewer); applies to 5+ employees for paid leave (NYC Earned Safe and Sick Time Act also applies). Local ordinances: New York City, Westchester County.

What salary makes an employee exempt in New York?

$1,275.00 per week ($66,300.00 per year) in 2026 — NYC, Long Island and Westchester (executive/administrative); $1,199.10/wk ($62,353.20/yr) elsewhere in the state (12 NYCRR § 142-2.14(c)(4)). The federal FLSA floor is $684 per week.

Does New York limit invention assignment?

Yes. N.Y. Lab. Law § 203-f limits assignment to work-related inventions; the agreement prints the statutory carve-out 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.