Colorado software developer employment contract template

Colorado Software Developer Employment Agreement

This Colorado Software Developer Employment Agreement (the "Agreement") is made and entered into as of this [Date of Signing], by and between [Employer Full Legal Name], a [Employer State of Incorporation] corporation with its principal place of business at [Employer Full Address] ("Employer"), and [Employee Full Legal Name], residing at [Employee Full Address] ("Employee").

1. Position and Responsibilities

• The Employer hereby employs the Employee, and the Employee hereby accepts employment with the Employer, as a Software Developer.
• The Employee's responsibilities include, but are not limited to:
  • Requirements gathering and analysis.
  • Software architecture design and implementation.
  • Coding in programming languages such as Python, Java, and JavaScript.
  • Debugging, testing, and performance tuning.
  • Documentation of software and systems.
  • DevOps integration and deployment.
  • Using version control systems, such as Git.
  • Participating in Agile/Scrum stand-ups and sprints.
  • Code reviews and technical mentoring.
  • Implementing secure software development practices.
  • Other duties as assigned.
• The Employee will report to [Reporting Manager Title and Name].
• Internal communication channels: [Specify preferred communication channels, e.g., Slack, email, project management software].
• Cross-functional collaboration norms: [Describe team collaboration practices].

2. Work Location and Telecommuting Policy

• Option A: The Employee's primary work location is the Employer's office located at [Employer Full Address].
• Option B: The Employee's primary work location is remote, within the state of Colorado.
• Option C: The Employee's primary work location is a hybrid model, with [Number] days per week at the Employer's office located at [Employer Full Address] and the remainder remote within the state of Colorado.
• Telecommuting Policies (if applicable):
  • Employer will provide equipment: [List Equipment Provided].
  • Secure access/VPN required.
  • Incident reporting procedures: [Describe procedure].
  • Expense Reimbursement: [Describe reimbursement policy, comply with C.R.S. § 8-4-101 et seq.].

3. Employment Status and Work Hours

• The Employee's employment is full-time.
• Scheduled Work Hours: [Specify work hours, e.g., 9:00 AM to 5:00 PM, Monday through Friday].
• Flex-time/Remote Work Conditions: [Describe flexibility, if any].
• Meal and Rest Breaks: The employee is entitled to meal and rest breaks as required by Colorado Wage Order 38. [Specify the breaks and their duration, in accordance with Colorado law].
• Overtime: Overtime will be calculated and paid in accordance with C.R.S. § 8-6-101 and Colorado Overtime and Minimum Pay Standards Order (COMPS Order #38).
  • Daily overtime is paid for hours worked in excess of 12 hours per workday.
  • Weekly overtime is paid for hours worked in excess of 40 hours per workweek.
  • Overtime rate is 1.5 times the regular rate of pay.
  • [Specify policy regarding overtime on Sundays and holidays, if applicable].

4. Compensation and Benefits

• Base Salary/Wage: The Employee's base [salary or hourly wage] is [Dollar Amount] [per year or per hour], payable [Frequency of Pay, e.g., bi-weekly].
• Pay Period: [Specify pay period dates, e.g., the 1st and 15th of each month].
• Direct Deposit: Payments will be made via direct deposit to the Employee's designated bank account.
• Overtime Rate: Overtime will be paid at a rate of 1.5 times the Employee's regular hourly rate.
• Sign-on/Retention Bonus: [Specify Amount, if any, and conditions for payment].
• Annual Merit Increases: [Describe policy for merit increases].
• Performance-Based Incentives: [Describe any performance-based bonus or incentive plans].
• Stock Options/RSUs: [Describe eligibility, if any, and terms of stock option or RSU plan].
• Equal Pay for Equal Work Act (EPEWA) compliance statement: The Employer is committed to complying with the Equal Pay for Equal Work Act. Promotional opportunities will be posted [Internally/Externally, or both].
• Benefits: The Employee is eligible for the following benefits, subject to the terms and conditions of the applicable benefit plans:
  • Health Insurance: [Describe Health Insurance plan].
  • Vision Insurance: [Describe Vision Insurance plan].
  • Dental Insurance: [Describe Dental Insurance plan].
  • Life Insurance: [Describe Life Insurance plan].
  • Colorado SecureSavings Retirement Plan availability.
  • Paid Leave:
    • Paid Sick Leave: Compliant with the Colorado Healthy Families and Workplaces Act (HFWA).
    • Paid Vacation: [Specify amount of vacation time].
    • Paid State Holidays: [List paid holidays].
    • Parental/Bereavement Leave: [Describe policy].
  • Continuing Education/Technical Certifications: [Describe Employer contribution, if any].
  • Home Office Reimbursement: [Describe policy, if applicable].
  • Employee Wellness Support: [Describe resources, if any].

5. Intellectual Property

• All inventions, software, source code, documentation, trade secrets, and patents created during employment, or within one year of leaving (if using company proprietary information), shall belong to the Employer.
• The Employee shall disclose all pre-existing inventions to the Employer.
• The Employee acknowledges the separation between personal code and company deliverables.

6. Confidentiality

• The Employee agrees to maintain the confidentiality of all confidential information of the Employer, including source code, proprietary algorithms, customer/client information, architecture diagrams, technical specifications, and all non-public business strategies.
• This obligation of confidentiality shall continue [Number] years beyond the termination of employment.

7. Open-Source Contributions and External Technical Activities

• The Employee shall obtain prior written approval from the Employer before making any open-source contributions or engaging in external technical activities related to the Employer's business or technology.
• Permitted Activities: [List permitted activities].
• Prohibited Activities: [List prohibited activities].

8. Behavioral and Workplace Standards

• The Employee shall comply with all Employer policies and procedures, including those related to cybersecurity, data privacy (including compliance with CCPA, as applicable), and appropriate use of company systems.
• The Employee shall regularly document code changes, participate in code reviews/QA, and promptly report any security vulnerabilities.

9. Restrictive Covenants

• The Employee acknowledges that non-compete clauses are highly restricted in Colorado per C.R.S. § 8-2-113 and are only permitted for "highly compensated" employees when narrowly tailored to protect trade secrets.
• Non-Compete (if applicable): [Include specific and narrowly tailored non-compete clause only if legally permissible under C.R.S. § 8-2-113, with clear definitions, time and geographic restrictions not exceeding statutory limits, and mandatory notice]. This clause is only enforceable if the employee meets the definition of "highly compensated" under Colorado law at the time of termination.
• Non-Solicitation: [Include non-solicitation clause, if any, compliant with Colorado labor statutes].
• Non-Disclosure: [Include non-disclosure clause, if any].

10. At-Will Employment and Termination

• The Employee's employment is at-will, as recognized under Colorado law. This means that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause or notice, subject to the provisions below.
• Termination by Employer:
  • Written Notice: The Employer shall provide written notice of termination as required by C.R.S. § 8-4-109 [Specify notice period, if any, but note that it does not alter at-will status].
  • Final Wage Payment: Final wages will be paid in accordance with Colorado law.
  • PTO Payout: Accrued Paid Time Off (PTO) will be paid out according to the Employer's policy and Colorado law.
  • COBRA/Insurance Continuation: The Employee will be provided with information regarding COBRA and insurance continuation rights.
  • Return of Equipment and Access Credentials: The Employee must return all Employer-owned equipment and access credentials.
  • Exit Procedures: The Employee will complete documented exit procedures for code and intellectual property transfer.
• Just Cause/No-Cause Dismissal: [Define "just cause" scenarios, if applicable, but maintain at-will employment].
• Voluntary Resignation: The Employee must provide [Number] days written notice of resignation.
• Layoff/Downsizing: [Describe any layoff or downsizing policies, if any].
• Anti-Retaliation: The Employer will not retaliate against the Employee for engaging in protected activities.

11. Dispute Resolution

• The parties agree to attempt to resolve any disputes arising out of or relating to this Agreement through good-faith negotiation.
• Option A: Mediation: If negotiation fails, the parties agree to attempt to resolve the dispute through mediation in Colorado.
• Option B: Arbitration: If negotiation fails, the parties agree to resolve the dispute through binding arbitration in Colorado, in accordance with the Colorado Revised Uniform Arbitration Act.
• Jurisdiction and Choice of Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. The exclusive jurisdiction for any legal action arising out of or relating to this Agreement shall be in the state and federal courts located in [Specify County], Colorado.

12. Health and Safety

• The Employer shall comply with all mandatory health and safety regulations, including workers’ compensation insurance per Colorado Division of Workers’ Compensation.
• Ergonomic Standards: [Describe ergonomic standards for software developers].
• Occupational Mental Health: [List available resources, if any].

13. Anti-Discrimination and Equal Opportunity

• The Employer is an equal opportunity employer and is committed to providing a workplace free of discrimination and harassment. The Employer does not discriminate on the basis of race, color, national origin, ancestry, gender, sexual orientation, gender identity/expression, disability, age, religion, marital status, or any other characteristic protected by Colorado law.
• DEI Commitments: [Describe the Employer's Diversity, Equity, and Inclusion (DEI) commitments].
• Mandatory Training: The Employee will participate in mandatory training on the code of conduct, cybersecurity, sexual harassment prevention, and workplace civility.

14. Access to Records

The Employee has the right to access their records and personnel file as permitted under C.R.S. § 8-2-129.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Employer Full Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Full Legal Name]

Signature: ____________________________

Date: ____________________________

Acknowledgment

I acknowledge that I have read, understand, and agree to the terms and conditions of this Colorado Software Developer Employment Agreement.

Signature: ____________________________

Printed Name: [Employee Full Legal Name]

Date: ____________________________