Temp Agency Contract for the United States

Temp Agency Contract Template for United States

A Temp Agency Contract is a legally binding agreement between a temporary staffing agency and a client company in the United States, governing the provision of temporary workers. The contract outlines terms including worker placement, fees, responsibilities, compliance with federal and state labor laws, insurance requirements, and liability provisions. It ensures compliance with U.S. employment regulations including FLSA, EEOC guidelines, and state-specific labor laws.

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What is a Temp Agency Contract?

The Temp Agency Contract serves as the foundational document governing the relationship between staffing agencies and businesses requiring temporary workforce solutions in the United States. This contract type is essential for organizations seeking flexible staffing solutions while ensuring compliance with federal and state employment regulations. It typically includes provisions for worker classification, payment terms, liability allocation, insurance requirements, and compliance with labor laws. The document is particularly relevant in today's dynamic business environment where workforce flexibility and legal compliance are paramount considerations.

What sections should be included in a Temp Agency Contract?

1. Parties: Identification of the temp agency and client company, including full legal names and addresses

2. Background: Context of the agreement and general purpose of the temporary staffing arrangement

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

4. Services: Detailed description of temporary staffing services to be provided

5. Payment Terms: Fee structure, payment schedule, and invoicing procedures

6. Duration and Termination: Contract length, renewal terms, and termination conditions

7. Responsibilities of Agency: Agency obligations including screening, placement, and compliance

8. Responsibilities of Client: Client obligations regarding worker supervision and workplace safety

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

1. Non-Solicitation: Prevents direct hiring of temporary workers - use when protecting against direct hiring is important

2. Insurance Requirements: Specific insurance coverage requirements - use for high-risk industries or specific client requirements

3. Performance Metrics: KPIs and service level agreements - use for large-scale or strategic staffing arrangements

4. International Assignments: Terms for international placements - use when temporary workers may be placed internationally

What schedules should be included in a Temp Agency Contract?

1. Rate Card: Detailed breakdown of fees and charges

2. Service Level Agreement: Specific performance metrics and standards

3. Worker Compliance Checklist: Required certifications and compliance requirements

4. Health and Safety Guidelines: Safety protocols and requirements

5. Assignment Request Form: Standard form for requesting 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
Clauses
Industries

Fair Labor Standards Act (FLSA): Federal law governing minimum wage, overtime pay, and record-keeping requirements for temporary workers

IRS Guidelines: Federal tax regulations concerning worker classification and tax withholding requirements for temporary employees

Equal Employment Opportunity Laws: Federal anti-discrimination laws including Title VII, ADA, and ADEA that protect temporary workers from discrimination

Immigration Reform and Control Act: Federal law requiring I-9 verification to ensure work eligibility of temporary employees

Family and Medical Leave Act (FMLA): Federal law governing leave rights for eligible employees, including temporary workers in qualifying organizations

Occupational Safety and Health Act (OSHA): Federal regulations ensuring workplace safety standards for all workers, including temporary employees

State Labor Laws: State-specific regulations governing minimum wage, break periods, and overtime requirements that may exceed federal standards

Workers' Compensation Laws: State-specific requirements for insurance coverage and incident reporting for workplace injuries

Unemployment Insurance: State-specific requirements for unemployment insurance coverage and benefits for temporary workers

State Discrimination Laws: State-specific anti-discrimination protections that may provide additional coverage beyond federal laws

Joint Employer Liability: Legal framework defining responsibilities and liabilities shared between temporary agency and client company

Benefits Administration: Requirements for health insurance (ACA compliance) and other benefits for temporary workers

Termination Provisions: Legal requirements and best practices for ending temporary employment relationships, including notice periods

Confidentiality and Non-Compete: Legal provisions protecting trade secrets and client relationships in temporary staffing arrangements

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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