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Dual Employment Agreement Template for United States

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Key Requirements PROMPT example:

Dual Employment Agreement

"I need a Dual Employment Agreement for a software developer who will work 3 days per week for our tech startup and 2 days per week for our parent company, starting March 1, 2025, with specific provisions for intellectual property rights and project confidentiality."

Document background
The Dual Employment Agreement is essential when an individual will be simultaneously employed by two distinct employers in the United States. This agreement type has become increasingly relevant with the rise of flexible working arrangements and specialized expertise sharing. The document ensures compliance with federal and state employment laws while clearly defining the allocation of time, responsibilities, compensation, and benefits between both employment relationships. It addresses potential conflicts of interest, intellectual property rights, and confidentiality requirements, providing a comprehensive framework for managing multiple employment relationships effectively.
Suggested Sections

1. Parties: Identification of all parties involved, including both employing entities and the employee

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

3. Definitions: Key terms used throughout the agreement, including specific terminology related to dual employment

4. Roles and Responsibilities: Detailed description of both positions and associated duties for each employment relationship

5. Working Hours: Time allocation between positions, total working hours, and scheduling arrangements

6. Compensation: Salary/wages for each position, combined compensation structure, and payment terms

7. Benefits: Benefits eligibility and allocation across positions, including healthcare, retirement, and other benefits

8. Term and Termination: Duration of agreement and conditions for termination of either or both employment relationships

Optional Sections

1. Non-Compete: Restrictions on competing activities and protection of business interests for both employing entities

2. Intellectual Property: Ownership of work product in each role and allocation of intellectual property rights

3. Travel Requirements: Travel obligations for each position and coordination between roles

4. Performance Metrics: Specific performance expectations and evaluation criteria for each role

Suggested Schedules

1. Schedule A - Position 1 Description: Detailed description of first position including duties, requirements, and reporting structure

2. Schedule B - Position 2 Description: Detailed description of second position including duties, requirements, and reporting structure

3. Schedule C - Compensation Structure: Detailed breakdown of compensation for each position including benefits allocation

4. Schedule D - Benefits Allocation: Detailed description of how benefits are allocated between positions

5. Schedule E - Time Allocation: Detailed weekly/monthly schedule showing time division between roles

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses






























Industries

FLSA Compliance: Fair Labor Standards Act requirements governing minimum wage, overtime pay, recordkeeping, and youth employment standards

EEO Regulations: Equal Employment Opportunity laws prohibiting workplace discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information

IRS Tax Regulations: Internal Revenue Code requirements for multiple employment situations, including proper tax withholding, Social Security, and Medicare contributions

ERISA Compliance: Employee Retirement Income Security Act regulations governing employee benefits plans and rights across multiple positions

ACA Requirements: Affordable Care Act compliance, particularly regarding combined hours calculations for healthcare coverage eligibility

State Labor Laws: State-specific employment regulations, including wage laws, overtime rules, and unemployment insurance requirements

Working Hours Regulations: Federal and state regulations regarding maximum working hours, overtime calculations across multiple positions, and required rest periods

Conflict of Interest Provisions: Legal requirements and restrictions regarding non-compete agreements, confidentiality, and intellectual property rights in dual employment situations

Immigration Compliance: Immigration Reform and Control Act requirements, including Form I-9 verification and visa restrictions if applicable

Workers' Compensation: Requirements for workers' compensation coverage across multiple positions and employers

FMLA Considerations: Family and Medical Leave Act requirements and how they apply across multiple positions

NLRA Compliance: National Labor Relations Act requirements protecting employees' rights to organize and engage in collective bargaining

Dual Employment Specifics: Specific provisions for role delineation, time allocation, separate compensation structures, and performance evaluation methods

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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