assignment of employees

Assignment Of Employment Agreement

Jump to section, what is an assignment of employment agreement.

An assignment of employment agreement is a contract between an employer and employee that give employees rights in inventions they make. This agreement applies to inventions made while employeed with the contracted company and is meant to entice employees to come on board with the company. Since these agreements are so crucial in ensuring an employee's intellectual property is protected, employers place a special emphasis on the wording of these agreements.

The purpose of the agreement is to ensure the contracted company has the rights to use inventions of the employee without risk of legal retaliation.

Common Sections in Assignment Of Employment Agreements

Below is a list of common sections included in Assignment Of Employment Agreements. These sections are linked to the below sample agreement for you to explore.

Assignment Of Employment Agreement Sample

Reference : Security Exchange Commission - Edgar Database, EX-10.26 28 f8k0210ex10xxvi_envision.htm ASSIGNMENT OF EMPLOYMENT AGREEMENT, DATED FEBRUARY 10, 2010, BY AND BETWEEN CASITA ENTERPRISES, INC., ENVISION SOLAR INTERNATIONAL, INC. AND ROBERT NOBLE , Viewed September 19, 2022, View Source on SEC .

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Travis counsels individuals and businesses on a broad range of complex topics. His practice centers on producing efficient, client-driven results. He concentrates his practice on real estate, construction, and general business matters with an emphasis on assisting clients both before and after problems occur by drafting contracts designed to best position clients to avoid disputes and litigating matters to a final resolution if problems emerge. Born and raised in Oklahoma, Travis is a triple graduate of the University of Oklahoma, having obtained his Bachelor of Arts, Master of Business Administration, and Juris Doctor degrees from OU. Prior to practicing law, Travis managed the finances and business operations of a successful construction supply company for several years. This insight into sophisticated business dealings, contractual issues, and strategic planning makes him uniquely qualified to handle a wide range of legal matters. Travis lives in Norman with his wife, Haley, dogs, Walter and Poppy, and cat, Ernest. Outside of the office, Travis enjoys playing golf and reading.

Justin Camper is a small business and trademark attorney, entrepreneur, public speaker, and writer. Justin has been practicing law close to 5 years and has done various areas of law from criminal work as a Prosecutor, to business and civil litigation at private law firms.

I am a corporate attorney with offices in Rock Hill, SC, and Lavonia, GA. My practice is focused on contracts, tax, and asset protection planning. I act as a fractional outside general counsel to over 20 businesses in 6 countries. When not practicing law, I can usually be found training my bird dogs.

Williamson Health Law is an established and trusted law firm focused on representing hospitals, health plans, physician groups, physicians, physical therapy businesses, psychologists and other health care providers and businesses in all aspects of health law. including the Stark law, the Anti-Kickback Statute (“AKS”), the Health Insurance Portability and Accountability Act (“HIPAA”), regulatory compliance, Medicare and Blue Cross audits and overpayment appeals, payer departicipation and disaffiliation appeals, payer and provider disputes, reimbursement and billing, compliance plans, health care industry contracts and professional licensure. We represent clients throughout Michigan and the U.S. with certain federal matters such as federal regulatory analysis and Medicare audits.

Bolaji O. Okunnu is an entertainment lawyer and founder of the Okunnu Law Group, PLLC based in New York, New York. His practice includes work in the area of copyright, trademark, contract, intellectual property and business law. As an entertainment attorney, Bolaji represents a diverse roster of celebrities, record labels, music publishers, artists, bands, entrepreneurs, authors, songwriters, artist managers, record producers and entertainment executives concerning their intellectual property, business affairs and creative assets. He is an expert at solving complex and sophisticated legal and business issues relating to contracts, copyrights and trademarks. With his background in both the law and the music business, he brings a broad perspective to problem-solving and business plan strategies. He also has an extraordinary ability to speak to the hearts of creatives while helping them discover their voice and clarify their creative dreams and assignments.

I love to learn, and I love solving problems. That's why I became a lawyer, and learned to solve legal problems for individuals and businesses and help them fix things when there's a snag. Touch base if you think I could have something to offer for you or your company. Experienced, results-oriented legal professional whose background and education have established him as a valuable resource in areas of corporate law, franchising, litigation, compliance, mortgages and banking, and more. Practice Areas Include: Corporate law, Franchising, Litigation, real estate, corporate law, civil disputes, insurance representation, corporate counseling, dispute resolution, risk management, regulatory counsel, compliance. Experience involves sophisticated as well as routine corporate structuring and transactions, simple and complex litigation, and written and oral advocacy such as depositions, mediated settlement conferences, trials, appeals, written pleadings and discovery, and case strategy and analysis. Experience managing and litigating disputes between parties and negotiating settlements across the spectrum of civil litigation, including probative discovery, successful motions practice, legal research and writing, appellate practice, and legal consultation to individuals and business entities. Further experience includes digesting and monitoring updates to the legal landscape to advise clients or departments and successfully adapt policies and procedures to assure compliance with applicable laws and regulations as well as to manage risk effectively. For those needing a skilled commercial or corporate lawyer, or for individuals whose rights need persuasive advocacy, I am a valuable resource. Representative work also has involved success on the appellate level, as in Baker Construction Company, Inc. v. City of Burlington and Hawthorne, LLC, North Carolina COA09-13.

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I am the CEO and attorney at my law firm that I started in June 2020 (as other businesses were shuttering due to Covid-19). I am currently seeking contract work to supplement my case load as I recently finalized numerous family law cases within a short timeframe.

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How to Give Assignments to Team Members

Last updated on: March 21, 2024

The project has been divided into milestones, goals and objectives broken into tasks, and now it’s time to assign them. But as you open the project management platform, you’re faced with the unflattering process of wording the tasks, and choosing whom to assign them to.

Well, in this article, we offer advice on how to make that jumbled first moment a little clearer. There are actionable tips, learning the difference between allocating and delegating tasks, and suggested criteria on how to choose the best person for the job.

For a more precise overview, here’s a table of contents:

Table of Contents

How do you assign employees tasks?

We normally think that assigning tasks is a time-consuming process that focuses on clearing out task lists to keep the project going. However, task assignment should actually be a more employee-oriented process that requires additional dedication and effort, which yields incredible results. But what do we mean by that?

Properly assigned tasks push your employees, projects, and the overall company forward. Here’s how.

• They strengthen accountability and trust between managers and employees;
• They help teach new skills and perfect old ones;
• They allow employees to get familiar with other teams and avenues of work;
• It becomes easier to make project estimates;
• Makes for great bases for performance reviews, etc.

The list could go on, but we’ll stop there for now.

Of course, such long-term benefits don’t come without some proverbial blood and sweat in the planning stage. Let’s take a look at the general ideas on assigning employee tasks, and specific steps you can take.

Motivation comes from knowing the bigger picture

When we talk about the bigger picture in project management, we talk about each team member’s task affecting their peer’s down the line. Since all tasks are usually small pieces of the puzzle, it helps to remind employees how their work contributes. For example:

• A high-quality draft can make a great foundation for the final version, and it can be completed more quickly.
• A well-prepared presentation can shave time off unnecessary questions and additional email inquiries.

It comes as no surprise that people work better and are more productive, when they know that their work has an impact on the company level.

And so, when you assign tasks, try to emphasize how they fit in the bigger picture. Simply saying: “ You doing X will help with Y and Z ” and how it reflects on the project as a whole will let an employee know that the task they were assigned is important.

Get your employees excited to commit

Telling people about the bigger picture and showing them what’s possible can only get them so far. It’s enough to ignite the initial spark, but for them to fully commit to the task, you need to define what that task entails.

They should be able to picture how to go about the work, what skills to use, and how to reach the desired result. The clearer the instructions, the more motivated they will be to work.

Simply put, give directions on how the task should be done, and make sure they understand. You can’t read each other’s minds, so it’s important everyone is on the same page.

Ask for task transparency

One of the best practices a company can employ is transparency among coworkers.

This is achieved by having everyone input their tasks for the day in a timesheet. The purpose of timesheets is to get an accurate idea of what everyone is working on at any given time.

When people know who works on what tasks, it’s easier for them to know if a person is available or busy, how far along they are with a task, etc.

So, when you give assignments to employees, label them with deadlines. Alternatively, you can ask for employees’ assessments on how long the work would take them, and use those timeframes.

Source: Clockify team timesheet

Timesheets are a great way to keep an eye on tasks and the people doing them. You get to:

• see who struggles with what (helps assess people’s skill sets);
• who burns through their workload and is available for additional tasks;
• whether your time estimates need correction;
• identify any wasted time.

💡 If your employees are insecure about keeping public records of their tasks, here are a few resources that can help:

• How to create order in your daily work tasks
• How to be more efficient with your tasks

Keep a crystal clear timeframe

While we’re discussing timesheets and deadline transparency, it’s important to mention that the times you set for task completions need to be clear-cut.

As we’ve mentioned, the safest way to assign deadlines is to consult the employees. They are better at assessing how long it will take them due to the tasks’ difficulty, overall deadlines, the standards that need to be met, and the skill required to complete it.

When they get a say in how long they should be doing an assignment, people tend to feel more accountable for the whole process. They will do their best to finish in time, since they actively participated in setting the deadline.

Set very clear expectations

Assigning a task should always include your (the supervisor’s) expectations pointed out. For example:

• Does a logo pitch need as many drafts as possible, or just a few finished pieces?

If you ask a designer to make some drafts for a logo pitch, you must specify the kind of quality you’re looking for. Explain whether you are looking for some sketches and drafts for a brainstorming meeting, or if you want clean, presentable pieces to show.

Additionally:

• How many pieces should the designer do?
• Is there a specific color palette they need to follow?
• How important is the task? Is this the day they finally decide on a logo, or is it still in the brainstorming stage? (decides on the quality of the work itself)

Assigning the task using the above questions, you help the designer understand how much effort precisely they need to invest. They become more motivated with clear instructions, as they know what is expected of them. There’s no fear of having their work criticized for something that wasn’t communicated in the beginning. And on your end, it prevents breached deadlines or subpar results.

Avoid creating dependency by being less involved

It’s not unusual for employees to ask their supervisors for their opinion on a certain task, or their performance.

The problem arises when a supervisor makes themselves too involved with the process. When they feel like the project might fall apart if they don’t have their eyes on every moving part all of the time. And when you have, say, 20 people waiting for that person’s approval, advice, or consultation, the workflow runs into a gridlock.

And wait time is wasted time.

Plus, people lose motivation, patience, and grow frustrated, as they could be doing other things.

So, learn not to jump in every time people call for your aid. Assign reliable people who can address smaller issues, while you handle the big picture. Learn how to expend your own energy where it is needed more.

For example – making a pitch presentation for potential investors keeps getting put off because one person needs you to check a client email they want to send, another wants your signature on a form, and the third wants to ask something about employee feedback that’s coming up.

In order to not be stretched thin, and have your time wasted on menial tasks, here’s where you can start:

How to mitigate the risk of being over-involved when assigning

• Remember that you match tasks to people

Which means that, by matching the right people with the right tasks, your involvement will be minimal. Take time to carefully choose who gets to do what. What is the point of assigning tasks if they can’t be done without you?

• Have a 10-point scale to judge the importance of items

How important are certain aspects of your leadership role? Are you absolutely necessary in every meeting, or during every call? Which tasks need your approval, and which ones can be approved by someone under you?

Rank these items on a scale of 0 to 10, based on their importance to you and the project. Top priority tasks should get your undivided attention. And what can be delegated, should be.

• Analyze your schedule

Your energy and time are needed on a much broader scale. The best way to spot if you’re wasting time being too involved is to look at your schedule. Identify how much time you’ve spent on low-priority items, and assess which issues could’ve been solved without you.

• Take into account priorities and deadlines

Step in only when absolutely necessary. You are in charge of things getting done on time, by people most qualified for assigned tasks. Determine what your priorities are for each project, and concern yourself only with those issues, unless there is a risk of breaching a deadline.

• Formulate a list of dependable people

If you know your employees (or team members) well enough, then you should be able to single out those who are more dependable and ready to take on a little more responsibilities. Write out the reasons how they could help by getting involved on low-priority items instead of you. When the time comes, rally them and present them with the idea, keeping in mind that this solution helps push the project forward. When authority is delegated to several people, there’s fewer chances of a hold-up in the workflow.

This also falls into the realm of task delegation , which we’ll get into later.

How do you decide what tasks to assign to which employees?

1. assign based on priority.

Naturally, some tasks will be more important than others. When you break down a project into tasks , spend some time assessing their priority level.

High-priority tasks should be the first on your list to allocate. Whether it’s because they’re time-sensitive, or require more effort and dedication.

Low priority tasks can be allocated as fillers to the first available person.

2. Assign based on employee availability

Another factor to consider when assigning tasks is who is available at the moment.

As the project moves along, new tasks will be added. You will have to allocate new work, but odds are you won’t always be able to pick who you want. Especially if a deadline is approaching, the person with the smallest workload should be your first choice.

Overloading an already busy individual just because they’re more skilled or you have faith in them the most puts an unnecessary strain on them. It’s cause for frustration, poorer results, and decreased productivity.

And as we’ve mentioned, if you have a timesheet with an overview of all the tasks and employees working on them, it’ll be much easier to spot who is free and who isn’t.

3. Assign based on employee skill level

High-priority tasks should go to employees with more experience in a given field or skill. However, you should occasionally give such tasks to other employees as well, to help them grow and become just as dependable. Giving people challenging tasks that can boost their experience is essential to productivity and morale.

Not to mention you get to have multiple high-skilled employees.

Low-priority tasks can be assigned to anyone, despite their experience level. They’re a good opportunity to practice, pick up new skills, or get smaller tasks out of the way to make room for more important ones.

4. Assign based on preference

Last, but not the least, preference can also play a big part in how you assign tasks.

It’s a given that some employees will prefer certain tasks over others. So it could be good to assign tasks at a meeting with the team. As you discuss priorities, deadlines, and availability, ask them which tasks they would like to work on.

If someone shows interest in a specific type of work, they should (with some consideration), be allowed to take it. After all, people are more productive when they’re assigned to something they find new or exciting.

Note: Apply this rule with caution. Letting people do only the tasks they want can stunt their career growth. Getting out of our comfort zones and occasionally doing tasks that we don’t like is how we develop and learn. So, don’t forget to document assignments as you hand them out, to spot these potential issues early on.

Allocating vs delegating tasks

While semantically similar words, delegation and allocation in terms of tasks are two different things.

When you allocate tasks , you are assigning tasks without giving the employees much authority, challenge, or room to grow. It includes you keeping all of the responsibility – writing out the tasks, making deadlines, providing resources, tools, etc. These are usually recurring tasks that can become repetitive.

When you delegate tasks , you allow for some of that responsibility to fizzle out from your fingers. All you think about are the objectives, while letting the employees figure out the details and means to get there.

However, that doesn’t mean delegation is right and the allocation is wrong.

Task allocation has its own place. It is just as important, as a lot of tasks come down to repeated processes that are still vital to the project progress. Task delegation is just a good opportunity for employees to learn, challenge themselves, and assess their skills and performance.

When should you allocate tasks?

Management and BizDev consultant Artem Albul shared his concept on task assignment, which he dubbed an “algorithm”. He emphasized how these criteria are useful only and only when you wish that employees perform the tasks based on your guidelines and instructions (aka allocation).

Here is how Albul broke down the algorithm:

Source: Artem Albul, TWA Consulting

As we can see, task allocation, while the more “controlling” of the two, also gives in-depth instructions and asks for confirmation on task clarity. A lot of it comes down to everyone being on the same page, leaving little to no room for misinterpretation (but also creative freedom).

How should you allocate tasks?

With all that we’ve mentioned in the previous section, here’s how your task allotment could look like, step by step.

• Break down your project

Detail out the goals, objectives, and some individual tasks (not all, be careful not to start micromanaging). Place the most important deadlines.

• Prioritize tasks and sort them

It’s important to know what tasks need to be done faster/better, to properly allocate your resources and manpower from the start.

• Make a list of teams and team members

Assign team leaders (if you don’t have them), and alternatively, ask for their input on individual employees skills, for a more informed decision on who gets what.

• Schedule a meeting

Make a meeting with the team leads and go through the points above. Assign tasks according to each team’s availability, interest, and skill required to successfully push the project forward.

• As team leads – assign tasks further down the pipeline
• Track task completion and make necessary changes along the way

Whether it’s pushing deadlines, reassigning tasks, or shifting around resources. This is perfectly fine and expected, so long as it doesn’t happen on every task you’ve assigned. Then, it is an indicator of poor pre-planning.

• Offer feedback and write performances

Don’t forget to track the progress and make notes of important details that might help the next task allocation/delegation process. It’s also a useful piece of information for the employees on what they need to improve on.

Allocating tasks is somewhat more complicated than we want it to be. But, this kind of thorough research and preparation will make projects run more smoothly. Employees will also be more satisfied with their work, and there will be less hurdles as deadlines approach.

When should you delegate tasks?

Delegation is a great practice in trust for both the employer/supervisor and the employee. The employer learns how to give away some of their control over the process, while the employee learns how to take more accountability for their work.

This lets you focus on big-picture aspects of your job, since you deal less with assignments that are low-priority for you. You save time and energy, while helping others move up in their careers.

How do you effectively delegate tasks as a leader?

As we’ve mentioned, delegating includes more employee independence. There are some additional components which make this type of task assignment more appealing than allocation, with great opportunities for growth.

Focus on delegating objectives instead of actual tasks

When you delegate, you focus on the objective that needs to be done. You shouldn’t give employees a “color by numbers” instruction on how to complete a task.

Communicate clearly what the end result should be and what expectations you (or the higher-ups) have. Leave the means for reaching that end goal to the employees themselves. Because how you solve a task may be completely different to how they will. And that is perfectly fine, so long as the result is the one you are looking for.

Keep the objectives challenging

When the objectives you’re delegating are too easy, chances are the person will either procrastinate, or feel like you don’t trust them enough. And if they’re too difficult, they get frustrated, anxious, and begin to panic.

It’s a good idea to be aware of an employee’s skill level, so you can gauge how much challenge and responsibility they can take on. For them to be the most productive and achieve great results, they need to enter “the state of Flow”.

Source: Optimal Experience , M. Csikszentmihalyi

💡 We’ve discussed the state of Flow in more detail in an article on time organization.

Encourage discussion and feedback

Let employees voice their opinions on the topic.

They should ask anything about the task, the goals, or the overall impact their work will have on the later stages or others’ workflow. It means they are interested in the task, and getting involved.

And if they aren’t asking questions themselves, you can always nudge them into proactivity.

• Is there something you’d like me to clarify?
• Do you already have any ideas on how to go about the task?
• Is the time we agreed upon enough for you?
• Will you need other resources, tools, or support?
• Do you see any problems or risks?

Questions like these help them feel valued, their efforts acknowledged, and let them know you care about the task and how well they perform. Just be careful not to overdo it, or you’ll start to look like a micromanager.

Give employees free rein, but offer support

Speaking of micromanaging, delegation means you let people problem-solve their way out on their own. There should be no reason for a manager to step in and control or supervise any step of the process, unless absolutely necessary.

However, what you should do is let them know you’re available for any advice should they feel stuck. Just because employees get authority on a certain task, and are left to their own devices, doesn’t mean the project has to suffer until they pull themselves up.

From time to time, ask them if they need anything from you, and make sure they know you’re there for any kind of support, consultation, or mediation. ANother good practice is to also give them additional learning opportunities – such as training, conferences, courses, etc.

Delegate objectives that move people forward

Choose assignments that boost the skills and employ all of their experiences, instead of something that simply needs to be done. For example:

• Tasks that require they brush up on their team communication skills;
• Learning how to allocate smaller tasks;
• Supervising others’ work and doing quality control;
• Learning to work with a new tool;
• Holding a meeting (or more), etc.

Find out which skills your employees may want or need to develop, and then plan your delegations accordingly. You want them to complete the task while having learned something new at the same time.

How to choose who to delegate to

Paul Beesley, senior director and consultant at Beyond Theory proposed a nifty checklist for when you’re choosing an employee to delegate to. It’s meant to simplify and speed up the process.

To successfully complete the delegated task, your chosen employee needs:

S – the skill to perform and complete a task

T – the time to complete the task, and if needed, learn the required skill

A – the authority to handle everything concerning the task

R – the necessary level of responsibility

R – the recognition for successfully completing the task

This list is a set of important criteria that should be covered when you consider who to assign to a specific task. However, depending on your niche, type of service, company size and the project at hand, the criteria are likely to change. And it should accommodate your needs, not the other way around.

Common task delegation mistakes to avoid

With all being said, there are some common mistakes managers and employers make, sometimes without even realizing it.

• Being too vague concerning deadlines (using: as soon as possible, when you get to it, I need it by yesterday). It creates unnecessary pressure.
• Being unavailable for questions and concerns. While you shouldn’t micromanage, you should still be present for support if an employee feels stuck. Ignoring them or handing them over to someone else could cause distrust. However, if you are usually swamped with work, set consultation hours each day or week.
• Having unclear directions. Specifying the allotted time for task completion and expectations should be the bare minimum when delegating tasks.
• Not providing feedback. No feedback is worse than bad feedback. Employees need to be aware when they’re doing good work, as well. In one company I worked for, the mantra was: “If no one is complaining about your work, that means you’re doing good”. And while it sounds like sound logic, it actually caused a lot of frustration. We were left directionless, and simply “floating” from task to task, never knowing if any of them had a positive impact on our performance.
• Not listening to employees. Take into account how they feel about a task or the objective. Let them give you feedback and if there are potential problems from the get-go.
• Assigning other people to the same task. If you notice a person struggling, the first instinct should be to ask them how they’re faring, and if they need any help. Some managers tend to assign other employees to help them without consultation, which leaves a sore taste. The employee will feel even more incompetent and will be less likely to take on a similar task in the future.
• Assuming people will know what you mean. This is one of the biggest problems. When you’re formulating a task, be as clear as possible about the goals and expectations. Oftentimes managers think that these things are implied, but the truth is – no one is a mind reader. To avoid having information misconstrued or misunderstood, communicate clearly and directly.

There could be more mistakes, especially for every different field and industry. If at all possible, identify the most common ones, made either by you or your peers. Note down all the instances where certain tasks weren’t up to par, and see what you could have changed in your assignment process to fix it. Maybe there wasn’t enough time or resources, you were unclear, or the employee wasn’t ready for such responsibility. Use the same procedure in all future task delegations. It’s the only way to learn and make the process quicker.

To conclude

Task assignment should be a very careful, thought-out process. It’s not just about reaching milestones in time. It’s about helping employees learn new skills, feel more satisfied with their position in the company, strengthen the trust between you and them, and ultimately help you refocus on the big picture.

By following the advice we’ve gathered, you will be on the right track to make some effective, healthy long-term changes to your company.

✉️ Have you found these tips helpful? Is there something we could have covered in more detail? What are your experiences with assigning tasks?

Send your answers, suggestions, and comments to [email protected] and we may include them in this or future posts.

Marijana Stojanovic is a writer and researcher who specializes in the topics of productivity and time management.

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Assignment of Employee Inventions State Laws Chart: Overview | Practical Law

Assignment of Employee Inventions State Laws Chart: Overview

Practical law practice note overview 4-582-6485  (approx. 14 pages).

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Invention Assignment Agreements – How to Avoid Pitfalls

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5 U.S. Code § 3373 - Assignment of employees to State or local governments

The Federal Tort Claims Act , referred to in subsec. (a), is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842 , which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary. Title IV of act Aug. 2, 1946 , was substantially repealed and reenacted as sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, 62 Stat. 992 , the first section of which enacted Title 28. The Federal Tort Claims Act is also commonly used to refer to chapter 171 of Title 28, Judiciary and Judicial Procedure. For complete classification of title IV to the Code, see Tables. For distribution of former sections of Title 28 into the revised Title 28, see Table at the beginning of Title 28.

1992— Pub. L. 102–378 substituted “or local” for “and local” in section catchline.

1978—Subsecs. (a), (b). Pub. L. 95–454, § 603(b) , substituted “a Federal” for “an executive” and “Federal agency” for “executive agency”.

Subsec. (c). Pub. L. 95–454 , §§ 603(b), 906(a)(2), substituted “Federal agency” for “executive agency” wherever appearing, and “ Office of Personnel Management ” for “Civil Service Commission”.

Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978 , see section 907 of Pub. L. 95–454 , set out as a note under section 1101 of this title .

Section effective sixty days after Jan. 5, 1971 , see section 404 of Pub. L. 91–648 , set out as a note under section 3371 of this title .

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CACI No. 2902. Negligence - Assignment of Employees

Judicial council of california civil jury instructions (2023 edition).

© Judicial Council of California .

Page last reviewed May 2023

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How To Assign Tasks To Team Members Effectively? Our Full Guideline

How can I effectively assign tasks to people?

Why is it that despite assigning tasks, some groups reach peak productivity and project success, while others grapple with conflicts and burnout?

And how can I address and solve issues related to task assignment?

In this article, we’ll provide answers to all of these questions.

Ready to elevate your task assignment skills and boost your project success? Let’s dive right in!

I. Assigning Tasks: Quick Overview

1. What is task assigning?

Task assigning is the process of allocating specific duties to team members to achieve a common goal.

2. Why is assigning tasks to team members important?

Effective task assigning is crucial for achieving team goals and maintaining productivity because it improves:

• Fair workload distribution.
• Resource efficiency.
• Seamless team collaboration
• Simplifying project progress tracking.

There’s more.

As everyone knows their role, responsibilities, and how their work contributes to the bigger picture, they feel less confused and more accountable for their assigned task.

II. How to assign tasks effectively in a project?

Below are the best strategies, practices, and tips for assigning tasks to others effectively.

Stage 1: Before assigning tasks

• Understand the project & your team members

Ensure you get a clear understanding of:

• Project’s objectives, scope, desired outcomes, and any deadlines.
• Team members’ skills, strengths, weaknesses, and preferences.

This step allows you to match the right tasks with the right team member, which helps allocate tasks efficiently, increase productivity, and maximize project success.

• Break down the project into individual tasks

Follow these steps:

• Identify major components of the project based on its goals.
• Break components into smaller tasks.

This makes it easier for managers to allocate responsibilities and track progress while helping team members better grasp the overall process.

• Prioritize tasks

Prioritize tasks based on 3 factors: 1) urgency, 2) importance, and 3) complexity. Here’s how:

• Identify time-sensitive tasks.
• Address tasks contribute to your long-term goals and should not be neglected.
• Categorize tasks based on difficulty levels, and time and resources required.
• Create a priority list of tasks based on the combination of all three criteria.

This valuable step helps managers make informed decisions on which tasks to tackle first and find the right people to work on each task.

Stage 2: While assigning employee tasks

• Match the right person to the right task

Assign tasks to the most qualified people.

Start by allocating high-priority tasks to the first available person with the matching expertise. Schedule low-priority tasks.

Straightforward tasks can be assigned to less experienced members, while complex tasks may be given to those with advanced skills.

• Be mindful of your team’s availability.
• Set realistic deadlines. Ensure to give members sufficient time to complete their assigned task.
• If someone shows interest in a particular task, consider assigning it to them.

If you know your employees well enough, then make a list of dependable people who are ready to take on a little more duties.

Give them low-priority yet important tasks with authority.

• Communication

To avoid disputes, constant clarification, or errors, it’s important to help your team members understand:

• Project’s goals, desired outcomes, and deadlines.
• Tasks’ requirements and priorities, plus how they contribute to the overall project’s success.
• Who is responsible for which task and what is expected of them.

Tips: Use clear and concise language when communicating. Encourage employees to ask questions and seek clarification on the project and their assigned tasks.

Stage 3: After assigning tasks

• Monitor Progress & Offer Help

Check-in with team members regularly to see how they are doing and if they need any help.

Encourage them to open up and transparently communicate their concerns and challenges.

On your side as a team leader or project manager, be available to offer assistance if they encounter challenges.

This helps resolve issues and improve the task assignment process.

• Provide Necessary Resources

Ensure that team members have the necessary resources, tools, and information for their task completion.

Stage 4: After the task/project is completed

• Reflect on Past Assignments

After each project or task, take time to reflect on what worked well, what didn’t, and where certain tasks weren’t up to par.

Address any issues and offer feedback on completed tasks. Use this feedback to refine your approach in future assignments.

Recognize and reward everyone’s efforts and contributions. This helps keep employees excited and motivated.

• Continuous Learning and Improvement

Invest in training and development opportunities for your team to enhance new skills and knowledge.

Extra tips for assigning tasks effectively:

• Use project management software to help you manage workload, make time estimates, performance reviews, etc.
• Be flexible. Things don’t always go according to plan, so be prepared to adjust your assignments as needed.
• Don’t be afraid to experiment. Try different approaches to see what works best for your team.

III. How to assign tasks in Upbase?

In this section, I’ll show you how a project management tool like Upbase helps simplify task assignments, improve morale, and increase outcomes.

Quick info:

• Upbase organizes and manages projects by lists.
• Members of a list can’t see and access other ones except those lists’ owners allow them to.
• Upbase offers unlimited free users and tasks.

Sign up for a free Upbase account here , follow this guide, and take your task assignment process to the next level.

1. Break down projects into smaller tasks

Create a new list:

• Hover over “Lists” on the left sidebar to open the dropdown menu.
• Select “List”
• Edit the list’s icon, color, name, and description. Then, add your employees.

Add new tasks to the list:

• Navigate to the Tasks module.
• Create and edit sections.
• Add tasks to sections by clicking “+” or “Add task”.

Add new tasks via emails : Open the dropdown menu next to the list name, select “add tasks via emails”, and follow the instructions.

Add task details:

You can add specific instructions, priorities, deadlines, and other attributes to individual tasks and subtasks.

Keyboard shortcuts : Hover over a task card and press:

• “S” to set high priority
• “D” to open the Due date picker
• “C” to open the Tag picker

Upbase Tip : Use task tags to categorize tasks by urgency, importance, and complexity. This makes it easier to match the right tasks to people for later.

2. Assign tasks

Check your employee availability:

Go to the Members page, and click on the team member you’d to assess their workload.

You’ll be driven to a separate page that shows that member’s assigned tasks, along with their due dates, priorities, etc. You can also filter tasks by one of these attributes.

Use this page to check each employee’s availability and identify who can complete additional tasks.

Assign tasks:

Open the desired task, click “Assignee”, and choose the right team member(s).

Keyboard shortcuts : Hover over the task and press “A” to open the Assignee picker. Press the space bar to assign yourself. This way makes assigning tasks easier and quicker!

If you want multiple people to work on a particular task, consider dividing it into subtasks, give time estimates for each, and then assign them to the right team member(s).

Communicate tasks:

Use the Messages and Chat modules to communicate with your team.

Messages is best suited to show the big picture, like project goals, desired outcomes, everyone’s duties, and how their work contributes to the whole.

Make use of the comment box to encourage everyone to ask questions and seek clarification about the project or their assigned tasks.

Chat supports both 1:1 chats and group chats. It’s perfect for quick discussions about issues, task deadlines, etc.

3. Track progress

Upbase offers an array of tools for project managers to track the workload of other employees.

To track a project’s progress:

From the Tasks module :

Here, you can view tasks in a List or Board format.

The List format provides an overview of tasks, deadlines, priorities, and employees working on them, while the Board visualizes the project’s progress.

Besides, you can group tasks by due date, priority, assignee, or section. View tasks filtered by one or multiple tags. Or create a custom filter.

From the Calendar module:

It shows all the scheduled tasks within a project by week or month. It also allows you to create a new task or reschedule overdue tasks.

To track the progress of all projects in a workspace :

Filters : In addition to filtering tasks within a project, you can create custom filters across multiple or all projects in a workspace.

Schedule : It functions similarly to the Calendar module. The two main differences are:

1) Schedule is to track the progress of tasks from all projects while Calendar is to track the progress of tasks within a project.

2) Schedule offers an additional view, named Daily Planner.

Other tools for progress tracking:

My Tasks : A private place where you can get an overview of all the tasks you create or tasks assigned to you.

4. Encourage collaboration and provide support

Use Upbase’s Docs, Files, and Links to provide employees with resources, information, and tools they need to complete tasks.

These modules are available in each list, making it easy to manage project data separately. Plus, they all provide collaboration features like watchers and comment boxes.

• Docs : You can create native documents, share a doc’s public link, embed Google Docs, and organize documents by folders.
• Files : It allows you to upload/download files, manage file versions, embed Google Drive folders, and show files by Grid or Board view.

• Links : You can save URLs as cards, and then add descriptions, watchers, and comments.

5. Providing feedback

On the Tasks module, you can create a section, named “Review”.

When a task is completed, the assignee will drag and drop it here. Then, you, as a project manager will leave feedback on it via the comment box.

So, why wait? Sign up for a free Upbase account now and experience it yourself.

IV. Common mistakes to avoid

For successful task assignment, remember to avoid these common mistakes:

1. Fear of Assigning Tasks

Some people, particularly new or inexperienced managers, may hesitate to allocate tasks to others due to concerns about:

• The quality of the work
• Fear of losing control
• Lack of trust in team members

This fear can hinder productivity and personal growth within a team or organization.

2. Lack of Clarity

This means that the instructions and details regarding a task are not transparent.

Team members may not have a clear understanding of what they are supposed to do, what the goals are, or what the expected outcomes should be.

This lack of clarity can lead to confusion and misunderstandings.

3. Poor Communication

Poor communication can contribute to misunderstandings and problems in task assignments, too.

However, it addresses different aspects of the overall process.

Poor communication means that there might be a lack of information sharing or ineffective communication methods. This could include:

• Not providing updates
• Failing to ask questions when something is unclear
• Not actively listening to others.

Even with clear instructions, if there’s poor communication, the information may not be conveyed effectively.

2. Overloading

Assigning too many tasks to a single person or team can overwhelm them and negatively impact the quality of their work. It’s crucial to distribute tasks evenly and consider each individual’s capacity.

3. Ignoring Skills and Strengths

Neglecting to match tasks with team members’ skills and strengths can result in subpar performance. Assign tasks based on individuals’ expertise and abilities to optimize results.

5. Micromanagement

Hovering over team members and scrutinizing every detail of their work can stifle creativity and motivation.

Trust your team to complete their tasks and provide support when needed.

6. Inflexibility

Being rigid in task assignments can prevent adaptation to changing circumstances or new information. It’s essential to remain open to adjustments and feedback.

8. Unrealistic Deadlines

Setting unattainable deadlines can put unnecessary pressure on your team and lead to a rushed and subpar outcome. Ensure that timelines are realistic and allow for unexpected delays.

10. Lack of Feedback

Forgetting to provide constructive feedback or failing to seek input from team members can hinder growth and improvement. Regularly discuss progress and provide guidance when necessary.

In summary:

Successful task assignment relies on clear communication, matching tasks to skills, flexibility, and a supportive, accountable, and feedback-driven environment.

Avoiding these common mistakes will help ensure that tasks are completed efficiently and effectively.

1. What’s the difference between assigning and delegating tasks?

Task delegation means you give someone the authority to make decisions and complete tasks independently without constant supervision.

Task allocation, on the other hand, means you assign specific duties to someone, often with clear instructions, while retaining overall control.

A delegated task gives the team member more freedom to make decisions and determine how to produce the desired results. An assigned task is more limited because it’s based on instructions and under supervision.

In short, delegating tasks typically involves a higher degree of trust and empowerment than allocating tasks.

2. What’s the difference between tasks and subtasks?

Tasks are generally larger, more significant activities that need to be completed, while subtasks are smaller, specific components or steps that contribute to the completion of a task.

Subtasks are often part of a broader task and help break it down into manageable pieces.

3. Who is the person assigned to a task?

The person assigned to a task is called an “assignee”. They’re responsible for completing that specific job or duty.

4. Who should you delegate a task to?

Delegate a task to the person best suited for it based on their skills, expertise, and availability.

Choose someone who can complete the task effectively and efficiently, taking into account their experience and workload.

5. What is the best way to assign tasks to team members?

The best way to assign tasks to others is by considering each member’s strengths, skills, and workload capacity, and aligning tasks with their expertise and availability.

6. Why is it important to assign tasks to your team members?

Assigning tasks to team members is crucial because it ensures clarity, accountability, and efficiency in achieving goals.

It helps prevent duplication of efforts, enables better time management, and allows team members to focus on their strengths, ultimately leading to successful project completion.

7. How do you politely assign a task?

To politely assign a task, you can follow these steps:

• Start with a friendly greeting.
• Clearly state the task and its importance.
• Ask if the person is available and willing to take on the task.
• Offer any necessary information or resources.
• Express appreciation for their help.

8. How do short-term goals differ from long-term goals?

Short-term goals are specific, achievable objectives that you aim to accomplish soon, typically within days, weeks, or months.

Long-term goals are broader, more substantial objectives that you work towards over an extended period, often spanning years.

Short-term goals are like stepping stones to reach long-term goals.

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Summary of Reassignment

This summary of reassignment covers the following topics:

• Learning About Reassignment
• Definition of Reassignment
• The Agency's Right to Reassign
• Reassignment Without Regard to RIF Retention Standing
• Separation After Declining Geographic Reassignment
• Qualifications and Reassignment
• Relocation Expense Allowances
• Additional Information from the Agency
• Additional Information from OPM

1. Learning About Reassignment

The reassignment regulations give an agency extensive flexibility in reassigning an employee to a different position.

This summary covers the procedures in the reassignment regulations. With this summary, employees, managers, union representatives, and others will have an overview of both the agency's and employees' rights in a reassignment situation.

The appropriate human resource office (HRO) in the agency can provide additional information on specific questions relating to reassignment policies, options, and entitlements.

2. Definition of Reassignment

The regulations published in section 335.102 of title 5, Code of Federal Regulations (5 CFR 335.102) cover reassignment of competitive service employees, while the regulations published in section 302.102(a) (5 CFR 302.102(a)) cover reassignment of excepted service employees.

Section 5 C.F.R. 210.102(b)(12) of the regulations defines reassignment as:

". . . a change of an employee, while serving continuously within the same agency, from one position to another without promotion or demotion."

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3. The Agency's Right to Reassign

An agency may reassign an employee when:

The agency has a legitimate organizational reason for the reassignment; and

The vacant position is at the same grade, or rate of pay (i.e., if the movement is between pay systems such as from a General Schedule position to a Federal Wage System position), as the employee's present position.

The agency's right to direct reassignment includes the right to reassign an employee from a special rate position to a non-special rate position at the same grade, or to a position with less promotion potential than the present position. (Reassignment to a position with more promotion potential than the present position requires competition under the agency's merit staffing plan.) The position to which the agency reassigns an employee may be located in the same or a different geographic area (e.g., reassignment from Houston to Washington, DC).

4. Reassignment Without Regard to RIF Retention Standing

An agency may reassign an employee without regard to the employee's reduction in force retention standing, including an employee's veterans' preference status. A reassignment to a vacant position at the same grade is not a reduction in force action even if the agency abolishes the employee's former position

At its option, an agency may adopt a policy to select employees for reassignment on the basis of considerations such as retention standing, total service with the agency, length of time in a position or in the organization, etc. Again at its option, an agency may canvass its employees to determine whether an individual employee would prefer reassignment to a specific location, a new organization, and/or to a position with different duties and responsibilities.

5. Separation After Declining Geographic Reassignment

The agency must use the 5 CFR part 752 adverse action regulations when separating an employee who declines a directed reassignment to a position in a different geographic area.

An employee who is removed by adverse action for declining geographic relocation is potentially eligible for most of the benefits that are available to a displaced employee separated by reduction in force (e.g., intra- and interagency hiring priority, severance pay, discontinued service retirement, etc.).

An employee who declines reassignment to a position in the same geographic area as the present position (e.g., from an Atlanta position to a different Atlanta position) is not eligible for any career transition assistance or other benefits.

6. Qualifications and Reassignment

The agency's basic right to reassign an employee is based, in part, on the agency's determination that the employee is qualified for the position to which the employee will be reassigned.

An agency may also reassign an employee to a position if the agency modifies or waives qualifications for the vacant position, consistent with OPM's requirements for these actions.

7. Relocation Expense Allowances

An employee is generally eligible for relocation expense allowances for a directed reassignment that requires relocation to a different geographic area

The General Services Administration (GSA) publishes its Federal Travel Regulation (FTR) in 41 CFR subpart F. The complete FTR and other relocation-related information are available on GSA's website at  www.gsa.gov .

8. Additional Information from the Agency

The agency's human resources office (HRO) can provide both employees and managers with additional information on OPM's reassignment regulations. The HRO can also provide information on potential benefits, such as eligibility for:

• Career transition assistance
• Separation incentives (if available)
• Rehiring selection priority
• Severance pay
• Unemployment compensation
• Relocation allowances.

9. Additional Information from OPM

OPM provides additional restructuring information on the OPM website at  www.opm.gov .

EMPLOYEE ASSIGNMENTS OF INVENTIONS – AN UPDATE

Intellectual property update.

In 2011, the U. S. Supreme Court held that a present assignment by a Stanford University faculty member to a company where he was consulting was effective despite an earlier promise to assign in the employment agreement between Stanford University and the faculty member. In other words: “I assign” beats “I will assign”.  Bd of Trustees of the Leland Stanford Junior Univ. v. Roche Molecular Systems Inc. , 563 U.S. 776 (2011).

When the assignment is effective is a key issue to address in the contract language. Because the owner of a patent is initially the inventor, only the inventor has standing to sue for patent infringement without an assignment. Rights granted in the employment agreement using “passive verbs in the indefinite or future tense” require a subsequent assignment.  Omni Medsci, Inc. v. Apple Inc ., ___ F.3d ___ (Fed. Cir. August 2, 2021) (a provision stating patents “shall be the property of the University” was not an automatic assignment and as such required a subsequent assignment to effectuate the transfer).  

Consequently, language such as “employee hereby assigns” should replace “employee shall assign”  in employment contracts ( link ).

What post-employment inventions can be assigned  is a second key issue recent cases have identified.

Employee Alleshouse assigned to his employer  

“all inventions, improvements, developments . . .or patentable material that Employee conceives or hereafter may make or conceive . . . resulting from or suggested by Employee’s work for the Company . . . .”

The assignment language included inventions conceived after employment terminated. Using no confidential information of the former employer, Alleshouse conceived and patented post-employment inventions. The successor in interest to the former employer sued seeking an assignment of the patents. Applying a California statute protecting employees [1] , the Court found the broad assignment language void. The obligation to assign inventions conceived after the employee’s departure was held to function as an unlawful non-compete.  Whitewater West Industries, Ltd. v Alleshouse , 981 F.3d 1045 (Fed. Cir. 2020).

A subsequent International Trade Commission case (applying California law) interpreted an assignment of all

“inventions (including new contributions, improvements, designs, developments, ideas, discoveries . . . ) which I may . . . conceive, develop or reduce to practice during  the period of my employment . . . .”

The “inventions” (and in a later version, “intellectual property”) language was interpreted as limiting the assignment to “subject matter that itself could be protected . . .  before  the termination of employment.” Patent rights could not exist “until at least conception of that invention.” In this case the conception date was after termination. So the assignment language did not include “ideas . . . contributing to a post- employment patentable invention”.  Bio-Rad Laboratories Inc. v. ITC , ___ F.3d ___ (Fed. Cir. April 29, 2021),  petition for rehearing pending . [2]

The court’s narrow reading of the assignment language requiring the invention to be conceived before termination of employment avoided the need to apply the California statutes discussed in  Alleshouse . [3]  Consequently, cases not subject to the California statutes are subject to the same limiting construction if they use comparable language regarding assignment of “inventions” or “intellectual property”.

As the law is developing, employee patent assignments should (and if California law applies, must) be reviewed to confirm a straightforward reading (1) creates a present assignment, and (2) reasonably limits the assignment of post-employment inventions, most conservatively to inventions (a) conceived during employment or (b) made using the former employer’s trade secrets.

[1]  California Business and Professions Code §16600 voids any contract restraining lawful trade of any kind. California Labor Code §2870 (a) limits an employee agreement to assign to only certain inventions. The court found the contract duty to assign was void as a substantial restraint on the former employee and §2870 did not approve assignments of post-employment inventions.

[2]  The court specifically noted: “We do not deem a mere joint inventor’s contribution to a post-agreement conception sufficient”. Bio-Rad argues in the petition for rehearing that this was error.

[3]  The court referred to the California statutory limitation on assignments as a “confirmatory reason” for the court’s “straightforward reading”.

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Patent Assignments in Employment Agreements – a Sometimes Overlooked, but Always Important Component

• November 16, 2021

By: Peter C. Lando and Thomas P. McNulty

By: Thomas McNulty and Peter Lando, with assistance from summer intern Tyler Gruttadauria

Businesses, of course, have a strong interest in owning intellectual property created by their employees. Intellectual property—patents, copyrights, and other confidential and proprietary information including trade secrets—is often the most valuable asset a business can own, so it is important to ensure that employee developments and inventions belong to the employer. In the United States, inventions presumptively belong to the inventor, and any transfer of ownership (“assignment”) must be in writing to be effective. Rather than requiring employees to sign assignment agreements for each patent application filing, employers sometimes rely on employment agreements and handbooks to establish ownership in intellectual property created by an employee. Employers often provide employment agreements with assignment clauses that are intended to give the employer rights in inventions made by the employee during the period of employment. These assignment clauses are often treated as mere boilerplate, yet the precise wording of these clauses can have major impacts on the effectiveness and limitations of any assignment.

Ensure that you have an Assignment and not a mere promise to assign

When drafting an agreement to have an employee assign future inventions, it is vital that the language used in an assignment clause states a present-tense, actual assignment. Phrases such as “hereby assign,” “agrees to grant and does hereby grant,” or that inventions “shall belong” to the employer and employee “hereby conveys, transfers and assigns” have been deemed by the courts to be effective to transfer ownership of a future invention without the need for any subsequent agreement. Ownership effectively transfers immediately, once the invention has been made. Assignment clauses that use future tense language, on the other hand, generally will require an additional agreement to result in a transfer of ownership of the invention, and any intellectual property (“IP”) covering the invention. Terms such as “will assign,” “agree to assign,” “will be assigned,” and the like, have been found by numerous courts to constitute nothing more than a promise or contract to assign an invention in the future, but not to serve as an actual assignment.

In addition to the wording used in the assignment clause, the language of any carve-outs should also be scrutinized. Agreements may contain a carve-out clause to exclude a new employee’s prior inventions from being assigned, or to prevent assignment of inventions unrelated to the employee’s work from being swept into the assignment provision. A broad, non-specific carve-out clause may prevent an employee agreement from automatically assigning inventions of that employee, even where the assignment clause includes the proper “hereby assign” type of language, because this leaves open the possibility that an invention is not subject to the assignment clause. This contrasting language may create an ambiguity in the employment agreement that subjects it to construction under state law, which in turn may allow for the employee to introduce extrinsic evidence, such as conversations that took place during employment negotiations, to defeat the automatic assignment. While patent assignment provisions are governed by Federal Circuit law, resolution of contractual ambiguities is governed by state law, which varies considerably regarding the admissibility of such extrinsic evidence.

Failure to obtain an automatic assignment can have negative consequences

An assignment clause that is deemed ineffective to automatically transfer ownership of an invention can create significant problems for an employer. In such circumstances, a business would not have standing to bring a patent infringement suit until it has taken the necessary steps to obtain a valid assignment. This may require the filing of a breach of contract claim against the employee to require fulfillment of the contractual obligations, including execution of assignment documents. In the interim, infringers could continue practicing the invention; and if the infringing activity has gone on long enough, the six-year statute of limitations may prohibit full recovery of damages. Further, if an inventor/employee has made only a promise to assign, and instead transfers ownership to a third party who lacks knowledge of the assignment obligation, that second transfer of ownership may well prevail, leaving the original employer with no exclusionary rights at all.

Ineffective assignment provisions can affect more than just litigation. Businesses and investors typically conduct IP due diligence when entering into transactions involving the investment in or sale of IP assets, company divisions or entire entities, and any weaknesses in assignment provisions may affect the perceived value of the IP assets and/or business being considered.

Do not count on the “Hired-to-Invent” doctrine to result in ownership of employee inventions

Some employers do not require employees to sign an agreement containing an assignment of inventions because they believe that they automatically own inventions that they paid someone to create. Under the “hired-to-invent” doctrine, this will only occasionally be correct. Employees or contractors hired (and paid) specifically to create a particular invention or to solve a particular problem may be deemed to have implicitly assigned their rights in the invention to the employer. This is a highly fact-based determination, however, and applies only to inventions created in response to the specific thing the employee was hired to do. A mere title of “researcher” or even “inventor” will not, standing alone, suffice to ensure ownership of inventions by the employer. Further, until a court has ruled one way or the other, an employer relying on this doctrine will not have any certainty in its rights to the invention. Should the court rule against the employer, it would lose the exclusionary rights it believed it possessed and may face an infringement lawsuit from the employee or anyone to whom the employee may have assigned the invention/patent rights.

Absent an effective assignment, an employer may obtain limited “shop rights” in inventions made using the employer’s time, materials, facilities or equipment. Shop rights take the form of an implied license to practice the invention, precluding the employee from obtaining damages or injunctive relief on a patented invention. Shop rights are limited, however, and do not allow the employer to prevent others from competing by practicing the invention. Further, shop rights cannot be transferred via license or assignment, effectively devaluing the IP assets and, perhaps, the company.

Other Considerations

In addition to having the proper “hereby assign” language, employment contracts should ensure that inventions , rather than just patents or patent applications, are subject to the assignment clause. Language stating that all inventions, improvements, discoveries, and the like, whether or not patentable or copyrightable, are subject to the assignment, ensures that information that could be protected through other regimes, such as trade secrets, automatically become the property of the employer.

Intellectual property has taken on an ever-increasing role in determining the value of a business. A company’s ability to develop and protect its intellectual property is a key factor in its future success. Given this, it is important that businesses recognize that assignment provisions of employment agreements are not mere boilerplate, but instead may be one of the most important legal provisions that ultimately can impact not only an employment arrangement, but the value of the business itself.

• Peter C. Lando
• Thomas P. McNulty

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Intellectual property assets are the lifeblood of many businesses today. No employer wants to see those assets walk out the door when an employee leaves. Employee invention assignment agreements are one crucial tool for protecting intellectual property, but the laws governing them contain traps for the unwary. If the agreement is too narrow or ambiguous, it may allow inventions to slip away. Further, if the agreement fails to include certain provisions, it may be invalid in certain states.

The two most significant forms of employee-created intellectual property are patentable inventions and copyrightable works. The default rules for these creations are polar opposites. While copyrights are presumptively property of the employer, inventions are presumptively property of the  employee.  Invention assignment agreements are therefore necessary to ensure the employer obtains all of the rights to the greatest possible scope of its employees’ creations.

At least nine states have enacted statutes governing employee invention assignment agreements. Seven of those states – California, Delaware, Illinois, Kansas, Minnesota, North Carolina, and Washington – have nearly identical requirements. For example, California Labor Code § 2870 provides:

Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies, facilities, or trade secret information except for those inventions that either: (1) Relate at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer; or (2) Result from any work performed by the employee for the employer.

The California statute and others also typically require the employer to notify the employee that the invention assignment agreement does  not  apply to an invention that does not qualify as the employer’s invention under the statute.

Making matters even more complicated, Nevada and Utah have unique variants of these statutes. Nevada Stat. § 600.500 makes patentable inventions presumptively the property of the employer. Utah Code § 34-39-1, et seq., by contrast, creates clear lines between “employment inventions” that are owned by the employer and inventions created on an employee’s own time that are not.

As a general rule, invention assignment agreements should be drafted to include language that mirrors the requirements of the seven states identified above because that will ensure the agreement is enforceable in those states and most others. Variations can be drafted for Nevada, Utah and any other states that may enact unique restrictions.

Agreements should also be drafted to encompass the widest range of intellectual property possible. In addition to inventions, conceptions, discoveries, improvements, and original works of authorship, the agreement should include an assignment of “know-how” and “ideas” learned or created by the employee while employed.

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New York Restricts Assignment of Employee Intellectual Property

On September 15, 2023, New York Governor Kathy Hochul signed SB 5640 into law, adding New York to the growing list of states that restrict the enforcement of employee intellectual property assignment agreements.

SB 5640 creates a new Section 203-f under New York’s Labor Law, which the New York State Department of Labor (NYSDOL) is responsible for enforcing. The new law took effect immediately upon Governor Hochul’s signature, so it is vital that New York employers act now to understand the new legal landscape.

What SB 5640 Says

The new law generally makes unenforceable any provision in an employment agreement that requires an employee to assign to the employer (or offer to assign) an invention that the employee develops on their own time and without the employer’s equipment, supplies, facilities, or trade secret information (a “Non-Assignable Invention”). However, SB 5640 exempts from this carveout those inventions created on the employee’s own time/equipment that:

• at the time of conception or reduction to practice, relate to the employer’s business, actual research or development, or anticipated research or development, or
• result from work that the employee performs for the employer.

In other words, even if the invention was created on the employee’s own time and without the employer’s tools, etc., if it either relates to the business when it was developed or results from work that the employee is performing for the employer (an “Exempt and Assignable Invention”), it is not covered by the pro-employee protections of SB 5640; thus, the employer can enforce any relevant assignment provision.

Importantly, while SB 5640 invalidates overly broad invention assignment provisions, it does not create an express private right of action. However, employers should remember that New York Labor Law Section 213 generally provides that any person who violates a labor law, as well as any officers and agents of any corporation who knowingly permit the corporation to violate the law, are guilty of a misdemeanor punishable by a series of fines.

While the text of SB 5640 refers only to the assignment of employee “inventions” (for which there is no definition), employers should be aware that the legislative commentary accompanying the law refers to the broader concept of “IP” as well as “inventions.” Although this commentary is not binding, it suggests that the legislature may intend for the law to apply to all forms of employee intellectual property. [1] It remains to be seen whether the NYDOL and courts will broadly interpret SB 5640 to align with this position.

How SB 5640 Relates to Other States’ Laws

With the addition of New York, more than 10 states now regulate employee assignment of intellectual property rights, including California, Illinois, Minnesota, and New Jersey. [2] Although these laws generally favor employee ownership and mobility, their specific scopes vary significantly.

One area of differentiation is the type of employee inventions that the laws exempt from the employee-favorable carveout. For example, both SB 5640 and Minnesota law exempt certain inventions that “relate” to an employer’s business. However, the laws are distinct in two important ways.

First, New York law includes a temporal qualifier that is absent from Minnesota law. Under SB 5640, an employee’s related invention only qualifies as an Exempt and Assignable Invention if it relates to the employer’s business or actual or anticipated research or development “at the time of conception or reduction to practice.” If the invention does not relate to the employer’s business at such time, it is not an Exempt and Assignable Invention, so the employer cannot require the employee to assign the invention. Under Minnesota law, all related inventions qualify as an Exempt and Assignable Invention regardless of timing. In this way, Minnesota allows employers to require employees to assign more inventions than under New York law.

In contrast, Minnesota law includes a relationship qualifier that is absent from SB 5640. Under Minnesota law, an employee’s related invention only qualifies as an Exempt and Assignable Invention if it “directly” relates to the employer’s business. Unless future NYSDOL guidance or court precedent requires otherwise, under New York law, inventions that are directly or indirectly related to an employer’s business qualify as Exempt and Assignable Inventions. In this way, New York law allows employers to require the assignment of a broader range of inventions than Minnesota law does.

Another way in which state laws differ is through the imposition of affirmative employer obligations. SB 5640 only limits the types of employee invention assignment agreements that are enforceable . It does not require an employer to take (or prohibit an employer from taking) any specific action. This is markedly different from California law, which, in addition to limiting enforcement, also requires employers to include specific notice in employee invention assignment agreements as to the inventions that employees may not assign. Other states, including Illinois, Kansas, Minnesota, and Washington, impose similar notice obligations on employers as well.

Given this trend in legislation, although not required under SB 5640, including provisions that specifically identify and carve out Exempt and Assignable Inventions from New York employee invention assignment agreements not only makes it clear and unambiguous to employees what inventions they are and are not assigning but also may help reduce the risk of a court invalidating an assignment provision in its entirety.

What New York Employers Should Do Now

To comply with SB 5640, employers should do the following:

• Identify relevant employment agreements and handbooks, compliance manuals, or other policies that contain an employee invention or other intellectual property assignment provision (“Assignment Provisions”).
• Revise Assignment Provisions to (i) include a clear description of what constitutes an Exempt and Assignable Invention and (ii) exclude Non-Assignable Inventions from their scope.
• Maintain accurate records regarding business plans as well as actual or anticipated research or development to counter any employee claims that an invention is not an Exempt and Assignable Invention.
• Monitor the NYSDOL’s website for guidance relating to SB 5640.

For more information about this  Insight , please contact:

[1] Employers should be aware that notwithstanding SB 5640 and similar state laws, federal law may conflict with these laws’ protections. For example, where work product is capable of both copyright and trade secret protection, if the work product is not a work made for hire, the employer cannot claim ownership of the work as a trade secret.

[2] Other states with such laws include Delaware, Kansas, Nevada, North Carolina, Utah, and Washington.

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Knowledgebase Article

Auto-Schedule Job Assignment with Fixed Shifts and Multiple Jobs for Employees

This article assists with how the system decides which job to assign to an employee when there is no demand on the system and the employee has fixed shifts and multiple jobs. mar 27, 2024 • knowledge, information.

• The Scheduling Service doesn't prioritize Secondary jobs by default.
• If the Primary job has no demand, the system typically selects the Secondary job with the highest demand.
• When considering "most demand," the system looks at the entire scheduling period, not just the demand at a specific time.
• If none of the Secondary jobs have demand, the choice may be arbitrary.
• The exception is for Fixed Shifts. In this case, if no Secondary jobs have demand, the system selects based on the role order.
• For Fixed Shift employees with multiple Secondary jobs in demand, the system picks based on the role order. If demand is equal for all the jobs otherwise it picks based on higher demand.
• Demand and labor role order both have weight in the decision, so higher demand usually leads to selection, and if demand is equal, the role order is considered.

Knowledge Auto-Schedule Job Assignment with Fixed Shifts and Multiple Jobs for Employees

• Article Number 000108564
• Publication Status Published
• Last Modified Date 3/27/2024 8:32 AM

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The city of Jacksonville just became one of the most supportive city governments in the nation for employees called into military service by committing to pay their city salaries for up to 90 days .

Jacksonville had been paying salaries for 30 days to its workers on military deployments. But after City Council member Rory Diamond returned from an eight-month Army tour in Saudi Arabia, he won support for longer coverage when he told council members about how others in his unit struggled to make ends meet.

The legislation, signed into law by Mayor Donna Deegan on Friday, also gives city employees eight hours of flex time per month they can use when their spouses are deployed.

"Jacksonville is a proud military town," Deegan said at the signing ceremony. "We can't say it enough."

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Does the city require private businesses to pay deployed employees?

No. The legislation to doesn't require private companies to provide continued paychecks while an employee is away from the job on military service. State and federal law doesn't put that requirement on private employers, either. Diamond, who is a captain in the U.S. Army and the Florida Army National Guard, said he hopes Jacksonville's model will spread to other cities and to businesses.

Diamond said when he was serving overseas, he heard others in their early 20s talking to their families and it became clear they were under financial strain. He said when he told them he would do something about it when he got back to Jacksonville, the response was along the lines of "oh yeah, there's a politician next to me in the tent" saying he would make some changes.

"We need to challenge every mayor in America to do the same," Diamond said at the bill-signing ceremony. "We need to challenge every big employer here in Jacksonville to do the same."

How much will it cost the city for salaries to deployed employees?

The cost will vary depending on how many employees are deployed at any given time, which in turn hinges on the extent of military missions taking place. If the extended period for salaries had been in place in 2023, the annual additional cost would have totaled about $400,000, according to the City Council Auditor's Office.

"So for a relatively small amount, we get a super-high impact, which is to retain employees who are in service and national guardsmen and women, but at the same time send a very strong message to the military community here that we care about them," Diamond told council members when his bill went through committees.

Why does the city use 90 days as the time for continued pay?

Diamond said the hardest time period financially is during the first three months of a deployment.

"That's critical because that's the time when you have the most expense for dealing with having families in different places," he said.

What type of deployment triggers the longer pay period?

City and JEA employees who take a military leave of absence for active, full-time duty of at least 30 days will continue to get their paychecks for 30 to 90 days, depending how long the leave of absence lasts. Employees who take other kinds of military leave will remain on the active payroll for up to 30 days after their departures.

How would spouses of deployed military members benefit?

City and JEA employees who have a dependent child or a disabled adult dependent child will get up to 40 hours of paid special leave each year if their spouses are ordered into military service for at least 30 days. The spouses would be able to use that flex-time to care for their families because they no longer would be able to split those responsibilities.

"We're trying to take some of that burden off them," Diamond said.

They will have eight hours of flex time each month, allowing them to take off work in one-hour increments to take care of their families. Diamond said that provision is the "first of its kind anywhere in any city in America."