Temp Staffing Agreement for the United States

Temp Staffing Agreement Template for United States

A Temporary Staffing Agreement is a legal contract used in the United States between a staffing agency and a client company that governs the provision of temporary workers. This agreement establishes the terms and conditions for temporary staffing services, including payment terms, worker classifications, compliance requirements, and liability provisions. It addresses federal and state employment laws, insurance requirements, and defines the responsibilities of all parties involved.

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What is a Temp Staffing Agreement?

The Temp Staffing Agreement is essential for businesses in the United States seeking flexible workforce solutions through temporary staffing arrangements. This contract type establishes the framework for temporary staffing services, addressing crucial aspects such as worker classification, wage and hour compliance, insurance requirements, and liability allocation. It ensures compliance with federal and state employment laws while protecting the interests of the staffing agency, client company, and temporary workers. The agreement is particularly important given the complex regulatory environment surrounding temporary employment in the U.S.

What sections should be included in a Temp Staffing Agreement?

1. Parties: Identification of the staffing agency and client company

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', 'Services', 'Assignment'

4. Services: Scope of staffing services to be provided

5. Term and Termination: Duration of agreement and termination provisions

6. Payment Terms: Fees, invoicing, and payment conditions

7. Responsibilities of Parties: Obligations of both staffing agency and client

8. Compliance with Laws: Legal compliance requirements and obligations

9. Insurance and Indemnification: Insurance requirements and liability provisions

What sections are optional to include in a Temp Staffing Agreement?

1. Conversion Fees: Terms for hiring temporary workers permanently when permanent placement is possible

2. Non-Solicitation: Restrictions on hiring each other's employees, used when protecting against employee poaching

3. Confidentiality: Protection of proprietary information when sensitive information is shared

4. Background Checks: Requirements for worker screening when specific verification is needed

5. Drug Testing: Drug screening requirements when required by industry or client

What schedules should be included in a Temp Staffing Agreement?

1. Rate Card: Detailed pricing structure and markup rates

2. Service Level Agreement: Performance metrics and service standards

3. Insurance Requirements: Detailed insurance coverage requirements

4. Assignment Terms: Standard terms for individual assignments

5. Compliance Checklist: Required certifications and compliance items

6. Job Categories: List of positions and skill requirements

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 for temporary workers

Immigration Reform and Control Act (IRCA): Federal requirements for I-9 verification and work authorization verification for temporary employees

IRS Guidelines: Federal tax regulations concerning employee classification and tax withholding requirements for temporary staff

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

Occupational Safety and Health Act (OSHA): Federal workplace safety requirements and training obligations applicable to temporary workers

Family and Medical Leave Act (FMLA): Federal law governing leave entitlements and benefits continuation for eligible temporary employees

State Labor Laws: State-specific regulations on minimum wage, overtime, meal breaks, and paid sick leave for temporary workers

Workers' Compensation Laws: State-specific insurance requirements and injury reporting procedures for temporary staff

Unemployment Insurance: State-specific requirements and contribution obligations for temporary staffing arrangements

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

Joint Employer Liability: Legal framework defining responsibilities and risk allocation between staffing agency and client company

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

Privacy Laws: Data protection requirements and confidentiality obligations for handling temporary worker information

Insurance Requirements: Professional liability, general liability, and employment practices liability insurance requirements for 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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