Oregon software developer employment contract template

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How Oregon software developer employment contract Differ from Other States

  1. Oregon restricts the use of non-compete agreements more strictly than many other states, requiring advance notice and specific limitations.

  2. Oregon law mandates that overtime pay is granted for hours worked over 40 in a week, without software developer exemptions found in some states.

  3. Employers in Oregon must provide detailed wage statements, including itemized earnings and deductions, more rigorously than many other states.

Frequently Asked Questions (FAQ)

  • Q: Are non-compete clauses enforceable in Oregon software developer contracts?

    A: Non-compete clauses are enforceable only under limited conditions and require written notice at least two weeks before employment.

  • Q: Does Oregon require overtime pay for software developers?

    A: Yes, Oregon law requires overtime pay for hours worked over 40 per week, regardless of the developer’s classification.

  • Q: Is a written employment contract mandatory for software developers in Oregon?

    A: No, but a written contract is strongly recommended to clarify roles, compensation, and intellectual property rights.

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Oregon Software Developer Employment Contract

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

1. Employment

  • Option A: Employer hereby employs Employee as a full-time Software Developer.
  • Option B: Employer hereby employs Employee as a part-time Software Developer.

2. Job Duties

  • The Employee's job duties shall include, but are not limited to:
    • Requirements analysis and system architecture design.
    • Programming in languages such as [List of Programming Languages].
    • Code review and participation in agile sprint planning.
    • Version control management using [Version Control System].
    • Bug tracking and resolution.
    • Adherence to CI/CD pipelines.
    • Test automation.
    • Compliance with Oregon data privacy standards.
    • Technical documentation.

3. Work Location

  • Option A: The Employee's primary work location will be the Employer's office located at [Employer Oregon Office Address].
  • Option B: The Employee will work remotely, subject to the Employer's remote work policy.
    • Remote Work Policy: [Link to Remote Work Policy or brief description]
    • Compliance with Oregon Privacy Act is required for remote work.

4. Full-Time Employment

  • The Employee’s position is full-time.
  • The standard work week is [Number] hours per week.
  • Option A: Overtime is not authorized.
  • Option B: Overtime is authorized and will be paid at a rate of 1.5 times the Employee's regular hourly rate for hours worked over 40 in a workweek, in accordance with Oregon law.
    • Oregon BOLI regulations regarding meal and rest breaks will be adhered to.

5. Compensation

  • Option A: The Employee's base salary will be [Salary Amount] per year, payable [Pay Frequency].
  • Option B: The Employee's hourly rate will be [Hourly Rate], payable [Pay Frequency].
  • Payment will be made via [Payment Method].
  • Option A: The Employee is eligible for a performance bonus based on [Bonus Criteria].
  • Option B: The Employee is not eligible for a performance bonus.

6. Benefits

  • The Employee is eligible for the following benefits:
    • Health insurance, meeting the minimum legal coverage required in Oregon.
    • Option A: Dental and vision insurance.
    • Option B: Dental and/or vision insurance is not included.
    • FMLA leave, sick leave as per Oregon’s sick time law (at least 40 hours annually, accrual and carryover).
    • Paid vacation: [Number] days per year.
    • Company holidays: [List of Holidays].
    • Eligibility for Oregon Saves retirement plans if no employer plan.
    • Option A: Technical conference/training reimbursement up to [Dollar Amount] per year.
    • Option B: No Technical conference/training reimbursement.
    • Option A: Internet or home-office stipends for remote work: [Dollar Amount] per month.
    • Option B: No internet or home-office stipends for remote work.
    • Option A: Commuter or parking support for Portland metro: [Description of Support].
    • Option B: No Commuter or parking support.
    • Access to wellness programs or mental health support: [Description of Programs].

7. Intellectual Property

  • All code, software, documentation, inventions, and other IP created by the Employee in the course of employment shall be the sole and exclusive property of the Employer.
  • Prior written approval is required for all third-party open-source contributions.
  • This clause is subject to Oregon statutory exceptions for employee-developed inventions unrelated to company business or created on employee's own time and without company resources.

8. Confidentiality

  • The Employee agrees to hold all proprietary source code, algorithms, trade secrets, customer data, and technical business processes of the Employer in strict confidence.
  • This obligation shall survive termination of employment and is subject to the Oregon Uniform Trade Secrets Act.

9. External Work

  • Any external work or open-source contributions not connected to the Employee’s role with the Employer require advance written approval from the Employer.

10. Behavioral and Performance Standards

  • The Employee is expected to adhere to professional standards, including virtual collaboration etiquette, a professional code of conduct, and compliance with Employer's cybersecurity and IT usage protocols.
  • The Employee will participate in code reviews and provide regular progress reports.

11. Non-Competition

  • The parties acknowledge that Oregon law prohibits most non-compete agreements for software developers. Any restrictive covenants (NDAs, non-solicits) shall be narrowly tailored for trade secret protection and compliant with ORS 653.295.

12. At-Will Employment

  • The Employee’s employment with the Employer is at-will, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, subject to applicable Oregon law.
  • Option A: Termination requires [Number] days written notice.
  • Option B: Termination requires notice as per Employer policy.

13. Termination

  • Grounds for termination include performance issues, reduction in force, or misconduct.
  • Final wage payment will be made as required by Oregon law.
  • Upon termination, the Employee will participate in an exit interview and return all company property.

14. Anti-Discrimination and Anti-Retaliation

  • The Employer is an equal opportunity employer and complies with all applicable Oregon anti-discrimination and anti-retaliation laws.

15. Dispute Resolution

  • Option A: Any disputes arising out of or relating to this Agreement shall be resolved through informal negotiation.
  • Option B: Any disputes arising out of or relating to this Agreement shall be resolved through mediation/arbitration per Oregon law.
  • This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. The venue for any legal action shall be [County Name] County, Oregon.

16. Other Provisions

  • The Employee acknowledges that the Employer provides worker’s compensation insurance coverage, adheres to occupational health and safety requirements, and provides accommodations for disability under Oregon law.
  • The Employee is protected against unlawful termination and is afforded whistleblower protections for reporting software security or data privacy violations.
  • The Employee has received all required new hire notices and employee handbooks.
  • Option A: The Employee is eligible for a relocation bonus of [Dollar Amount].
  • Option B: The Employee is eligible for a signing bonus of [Dollar Amount].

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

____________________________

[Employer Representative Name], [Employer Title]

[Employer Legal Name]

____________________________

[Employee Legal Name]

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