Dual Employment Contract Template for United States

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Key Requirements PROMPT example:

Dual Employment Contract

"I need a Dual Employment Contract for a software developer who will work 60% time with our tech startup and 40% time with a research institution, starting March 1, 2025, with specific provisions for intellectual property rights and clear allocation of benefits between both employers."

Document background

The Dual Employment Contract serves as a critical document when an individual needs to be formally employed by two separate organizations simultaneously. This arrangement has become increasingly common in today's dynamic work environment, particularly in professional services, academia, and specialized technical fields. The contract addresses complex aspects of dual employment including work scheduling, benefit allocation, tax implications, and compliance with U.S. federal and state employment laws. It helps prevent potential conflicts of interest, establishes clear expectations for all parties, and ensures proper documentation for legal and tax purposes.

Suggested Sections

1. Parties: Identification of both employers and the employee, including legal names and addresses

2. Background: Context of the dual employment arrangement and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including 'Primary Employer', 'Secondary Employer', and other relevant definitions

4. Employment Terms: Specific roles, responsibilities, and duties for each position with each employer

5. Working Hours: Allocation of time between employers and scheduling arrangements, including overtime considerations

6. Compensation: Salary/wages from each employer, payment arrangements, and tax considerations

7. Benefits: Distribution and coordination of benefits between employers, including healthcare, retirement, and other benefits

8. Term and Termination: Duration of the agreement and conditions for termination by any party

9. Governing Law: Applicable laws and jurisdiction governing the agreement

Optional Sections

1. Non-Compete Provisions: Restrictions on competitive activities and protection of business interests during and after employment

2. International Considerations: Special provisions for international dual employment situations and cross-border requirements

3. Intellectual Property Rights: Allocation of IP rights between employers and handling of work products

4. Confidentiality: Provisions for handling confidential information from both employers

5. Conflict Resolution: Procedures for resolving conflicts between employers or employment duties

Suggested Schedules

1. Schedule A - Job Descriptions: Detailed descriptions of roles and responsibilities for each position with each employer

2. Schedule B - Time Allocation: Detailed breakdown of working hours between employers and scheduling arrangements

3. Schedule C - Benefits Distribution: Detailed allocation of benefits between employers and coordination of benefits

4. Schedule D - Compliance Checklist: Checklist ensuring compliance with relevant labor laws and regulations

5. Schedule E - Reporting Structure: Organizational chart and reporting relationships for each position

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology
Healthcare
Education
Professional Services
Research

Relevant Teams

Human Resources
Legal
Finance
Operations
Compliance

Relevant Roles

Consultant
Professor
Medical Practitioner
Research Scientist
Technical Specialist

Industries

Fair Labor Standards Act (FLSA): Federal law establishing minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers

Equal Employment Opportunity Laws (EEO): Federal laws prohibiting workplace discrimination and requiring equal treatment of workers regardless of race, color, religion, sex, or national origin

Americans with Disabilities Act (ADA): Federal law requiring reasonable accommodations for employees with disabilities and prohibiting discrimination based on disability

Family and Medical Leave Act (FMLA): Federal law providing eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons

National Labor Relations Act (NLRA): Federal law protecting employees' rights to organize and bargain collectively with employers

Internal Revenue Code and IRS Regulations: Federal tax laws governing income reporting, withholding requirements, and tax obligations for multiple employment situations

Employee Retirement Income Security Act (ERISA): Federal law setting minimum standards for pension and health benefit plans in private industry

Affordable Care Act (ACA): Federal law regulating health insurance coverage and determining employer obligations for providing health benefits

Workers' Compensation Regulations: State-specific laws requiring employers to provide insurance coverage for work-related injuries and illnesses

State Labor Laws: State-specific regulations governing employment conditions, including minimum wage, overtime, breaks, and leave requirements

Conflict of Interest Regulations: Legal framework governing non-compete agreements, confidentiality requirements, and intellectual property rights in multiple employment situations

Immigration Reform and Control Act: Federal law requiring employers to verify the identity and employment eligibility of their employees

Occupational Safety and Health Act (OSHA): Federal law ensuring safe and healthful working conditions by setting and enforcing standards and providing training and assistance

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