Staffing Agency Contract for the United States

Staffing Agency Contract Template for United States

A Staffing Agency Contract is a legal agreement governed by U.S. federal and state employment laws that establishes the terms and conditions between a staffing agency and a client company for the provision of temporary workers. This document outlines responsibilities, payment terms, compliance requirements, insurance obligations, and worker classification while addressing both federal regulations (such as FLSA, EEOC, and OSHA) and state-specific employment laws.

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What is a Staffing Agency Contract?

A Staffing Agency Contract is essential when businesses need to formalize their relationship with temporary staffing providers. This contract type is particularly important in the United States, where it must comply with complex federal and state employment regulations. The agreement typically covers worker classification, payment terms, liability allocation, insurance requirements, and compliance obligations. It's designed to protect both the staffing agency and client company while ensuring clear guidelines for temporary worker placement and management.

What sections should be included in a Staffing Agency Contract?

1. Parties: Identifies the staffing agency and client company, including full legal names and addresses

2. Background: Explains the purpose of the agreement and basic relationship between parties

3. Definitions: Defines key terms used throughout the agreement including 'Temporary Workers', 'Services', 'Assignment'

4. Services: Details the staffing services to be provided, including recruitment, placement, and management

5. Payment Terms: Specifies fees, payment schedule, and billing procedures

6. Term and Termination: Duration of agreement and conditions for termination

7. Compliance with Laws: Obligations regarding employment laws, regulations, and workplace safety

8. Insurance and Indemnification: Insurance requirements and mutual indemnification provisions

What sections are optional to include in a Staffing Agency Contract?

1. Non-Solicitation: Prevents direct hiring of temporary workers by the client company without proper compensation to the staffing agency

2. Confidentiality: Protects sensitive information exchanged during services between all parties

3. Performance Metrics: Establishes KPIs and service levels for staffing services

4. Background Check Requirements: Specific screening and verification requirements for temporary workers

What schedules should be included in a Staffing Agency Contract?

1. Fee Schedule: Detailed breakdown of all fees, charges, and payment terms

2. Service Level Agreement: Specific performance metrics, standards, and service expectations

3. Required Qualifications: Minimum qualifications and experience requirements for temporary workers

4. Insurance Requirements: Detailed insurance coverage requirements and minimum coverage amounts

5. Standard Operating Procedures: Detailed processes for requesting, placing, and managing temporary workers

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Fair Labor Standards Act (FLSA): Federal law governing minimum wage, overtime pay, record-keeping requirements, and child labor restrictions that must be addressed in the staffing contract

Equal Employment Opportunity Laws: Package of federal laws including Title VII, ADA, ADEA, and Equal Pay Act that protect against workplace discrimination and must be referenced in staffing agreements

Immigration Reform and Control Act (IRCA): Federal requirements for I-9 verification and work authorization verification that staffing agencies must comply with

Internal Revenue Code: Federal tax regulations covering employee classification and tax withholding requirements that affect staffing arrangements

Employee Retirement Income Security Act (ERISA): Federal law governing benefits administration and pension plans that may apply to staffing arrangements

State Labor Laws: State-specific requirements for minimum wage, break periods, overtime, and paid sick leave that vary by jurisdiction

Workers' Compensation Laws: State-specific insurance requirements and coverage obligations for temporary and placed workers

Unemployment Insurance Laws: State-specific requirements and contribution obligations for unemployment insurance coverage

State Employment Laws: State-specific regulations covering background checks, drug testing, non-compete agreements, and wage payment

Joint Employer Liability: Legal considerations regarding shared liability between staffing agency and client company for employment-related obligations

Professional Liability Insurance: Insurance requirements and coverage specifications for staffing agency operations

Data Privacy and Protection: Requirements for handling and protecting personal and employment-related data of placed workers

OSHA Compliance: Workplace safety requirements and responsibility allocation between staffing agency and client company

Worker Classification: Guidelines and requirements for properly classifying workers as employees or independent contractors

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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