Massachusetts software developer employment contract template

Massachusetts Software Developer Employment Contract

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

1. Position and Responsibilities

The Employer hereby employs the Employee as a Software Developer.

Employee’s duties and responsibilities include, but are not limited to:

• Software architecture and design.
• Coding in required programming languages: [List Programming Languages, e.g., Python, Java, JavaScript].
• Algorithm development.
• Debugging and troubleshooting.
• Using development tools and environments: [List tools and environments].
• Version control using Git.
• Participation in code review processes.
• Participation in Agile/Scrum meetings.
• Documentation.
• Maintenance and refactoring of code.
• Collaboration with Quality Assurance team.
• Testing.
• Deployment.
• Support.

Required Technical Competencies: [List Technical Competencies]. Frameworks: [List Frameworks].

Security and compliance requirements: [List Security/Compliance Requirements, e.g., HIPAA, PCI-DSS].

Reporting Structure: The Employee will report to [Job Title of Supervisor].

Team Collaboration: The Employee will collaborate with the [Team Name] team.

Interdepartmental and cross-functional projects: The Employee will participate in [Describe projects].

2. Work Location

• Option A: Employer’s Massachusetts office at [Address of Massachusetts Office].
• Option B: Remote Work. The Employee will primarily work remotely.
  • Employer provides: [List Hardware Provided, e.g., Laptop, Monitor].
  • Employee is responsible for: [List Employee Responsibilities, e.g., High-speed internet, Dedicated workspace].
  • VPN/Security Requirements: [Describe VPN and Security Requirements].
  • Employer support for maintaining a home office: [Describe employer support].
• Option C: Hybrid Work: [Describe Hybrid Work arrangement].

3. Employment Classification and Hours

Full-time employee.

Standard Work Hours: 40 hours per week, Monday through Friday, [Start Time] to [End Time].

Flexibility: [Describe flexibility options].

Remote Work Standards: [Describe standards].

Required hours of availability: Core business functions availability during Eastern Time Zone hours: [List Hours].

Overtime: Non-exempt employee entitled to overtime pay at one and one-half (1.5) times the regular rate of pay for all hours worked over 40 in a workweek, as required by Massachusetts General Laws Ch. 151 §1A. All overtime must be pre-approved by [Name of approving manager]. Proper recordkeeping of all hours worked is required.

Rest and Meal Periods: Employee is entitled to a 30-minute meal break after 6 hours of work, per Massachusetts law.

4. Compensation

• Option A: Annual Salary: The Employee’s annual salary is [Dollar Amount], payable [Pay Frequency, e.g., bi-weekly].
• Option B: Hourly Wage: The Employee’s hourly wage is [Dollar Amount], payable [Pay Frequency, e.g., bi-weekly].

Expenses Reimbursement: Employer will reimburse reasonable business expenses incurred by the Employee, subject to the Employer's expense reimbursement policy.

Bonus:

• Option A: Individual Performance Bonus: The Employee is eligible for an individual performance bonus, the terms of which will be determined annually by the Employer.
• Option B: Team Performance Bonus: The Employee is eligible for a team performance bonus, the terms of which will be determined annually by the Employer.
• Option C: No Bonus

Profit Sharing:

• Option A: Employee is eligible for profit sharing under the company's plan. [Detailed description of plan].
• Option B: Not eligible for profit sharing

Stock Options/Equity:

• Option A: Employee is eligible for stock options/equity under the company's plan. [Detailed description of plan].
• Option B: Not eligible for stock options/equity

Moving/Relocation Assistance:

• Option A: Employer will provide relocation assistance. [Describe assistance provided].
• Option B: No Relocation Assistance

Intellectual Property Incentives: [Describe any invention bonuses].

5. Benefits

Healthcare: Medical, vision, and dental coverage as described in the Employer’s benefits plan, compliant with Massachusetts insurance coverage standards.

Pension/401(k): [Describe pension or 401(k) plan options].

Paid Vacation: [Number] days of paid vacation per year, accruing [Accrual Method].

Sick Leave: Up to 40 hours annually, accruing [Accrual Method], in compliance with Massachusetts Earned Sick Time Law.

Statutory Holidays: Observed holidays are those recognized by the Commonwealth of Massachusetts.

Parental/Family/Medical Leave: Employee is entitled to leave under the Massachusetts Paid Family and Medical Leave Act (PFML).

Professional Development: [Describe professional development allowances].

Tuition Reimbursement: [Describe tuition reimbursement or certification support].

Commuter Benefits: [Describe commuter or MBTA pass stipends].

Technology/Telecommuting Reimbursement: [Describe Technology/Telecommuting Reimbursement].

Wellness Benefits: [Describe Wellness Benefits].

Student Loan Repayment: [Describe Student Loan Repayment Programs].

6. Intellectual Property

All code, inventions, documentation, and derivative works created within the scope of employment or using company resources are “works made for hire” and owned by the Employer under Massachusetts law.

Employee agrees to assist in the assignment of patents or copyrights as needed.

Open-Source Software: Use of open-source software components requires advance approval from [Name/Department].

Trade Secret Protection: Employee acknowledges the Employer's rights to trade secrets under the Massachusetts Uniform Trade Secrets Act.

7. Non-Disclosure and Confidentiality

Employee shall maintain the confidentiality of Employer's source code, architecture, client records, personal data, trade secrets, algorithms, and customer/partner information.

Post-termination survival of confidentiality obligations.

Massachusetts Data Breach Notification: Employee will immediately report any suspected data breach to [Name/Department].

8. Outside Activities

Employee shall not engage in any outside activities that conflict with the Employer's interests without prior written approval from [Name/Department].

9. Technology, Data, and Security Protocols

Compliance with Employer's security policies and Massachusetts cybersecurity statutes.

Immediate reporting of security incidents or suspected breaches to [Name/Department].

Encryption of personal data in compliance with 201 CMR 17.00.

10. Behavioral Standards

Professional communication, ethical software development practices, and compliance with Employer's IT and acceptable use policies.

Compliance with Massachusetts workplace conduct guidelines.

11. Non-Compete

Employer acknowledges and agrees to comply with the Massachusetts Noncompetition Agreement Act.

• Option A: Non-compete agreement will not be enforced.
• Option B: A non-compete is included as a separate document and will be enforced only if compliant with the Massachusetts Noncompetition Agreement Act. The duration shall not exceed 12 months and requires advance notice and garden leave.

Confidentiality and non-solicitation clauses are enforceable under Massachusetts law.

12. Employment-at-Will

Employment is at-will, as governed by Massachusetts common law.

Termination: Either party may terminate employment at any time, with or without cause.

Notice Period: [Number] weeks' written or electronic notice required from either party.

Final Pay: Employee’s final pay will be due on the next regular payday or immediately upon discharge, as required by Massachusetts law.

Return of Property: Upon termination, Employee shall return all company equipment, software, keys, and confidential information.

13. Post-Termination Obligations

Continuing obligations regarding proprietary inventions, restrictive covenants, and non-disparagement statements.

14. Dispute Resolution

Good faith negotiation, mediation, and arbitration prior to court action.

Preferred venue: Suffolk County, Massachusetts.

15. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

Exclusive venue for disputes shall be in the Commonwealth of Massachusetts.

16. Anti-Discrimination

Employer is an equal opportunity employer, in compliance with the Massachusetts Fair Employment Practices Act (M.G.L. c. 151B).

Protected classes: race, color, religious creed, national origin, ancestry, sex, age, disability, gender identity, sexual orientation, veteran status, etc.

Mandatory anti-harassment and reporting procedures.

Employee rights under Massachusetts Pregnant Workers Fairness Act.

17. Statutory Compliance

Compliance with Massachusetts Workers’ Compensation, Unemployment Insurance, and other statutory protections.

18. Personnel File Access

Employee has the right to access their personnel file per Massachusetts Personnel Records Law (M.G.L. c. 149, §52C).

19. Acknowledgements

Employee acknowledges receipt of all Massachusetts-mandated documents and postings (Wage Theft Notice, sexual harassment policy, etc.).

20. Privacy Policy

Privacy policy notifications provided under state and federal law for employee personal data.

21. Policy Changes

Employer may revise or supplement this Agreement and will notify employees of any changes. Notification method: [e.g. Email, Company Intranet].

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

[Employer Legal Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

[Employee Full Legal Name]

[Employee Signature]