Temporary Staffing Agreement for the United States

Temporary Staffing Agreement Template for United States

A Temporary Staffing Agreement is a legally binding contract used in the United States between a staffing agency and a client company that governs the provision of temporary workers. The agreement outlines terms including worker classification, payment rates, duration of assignments, insurance requirements, and compliance with federal and state employment laws. It addresses liability, worker supervision, benefits administration, and conversion terms for permanent employment.

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What is a Temporary Staffing Agreement?

The Temporary Staffing Agreement serves as the foundational document for businesses seeking flexible workforce solutions in the United States. This agreement is essential when companies need to supplement their workforce with temporary staff while ensuring compliance with federal and state employment regulations. It defines the relationship between the staffing agency, client company, and temporary workers, covering crucial aspects such as worker classification, liability allocation, insurance requirements, payment terms, and potential permanent placement options. The agreement is particularly relevant in today's dynamic business environment where workforce flexibility and regulatory compliance are paramount.

What sections should be included in a Temporary Staffing Agreement?

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

2. Background: Explains the purpose of the agreement and the parties' intentions to enter into a temporary staffing arrangement

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

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

5. Term and Termination: Specifies the duration of the agreement and conditions for termination

6. Payment Terms: Outlines fees, billing procedures, payment schedules, and rate calculations

7. Employment Responsibilities: Clarifies the respective obligations of both parties regarding worker management and compliance

8. Insurance and Indemnification: Specifies required insurance coverage and indemnification obligations

9. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement

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

1. Conversion Fee: Terms and conditions for permanent hiring of temporary workers, including fee structures and notice periods

2. Performance Metrics: Specific KPIs and service level agreements for measuring and maintaining service quality

3. Confidentiality: Detailed confidentiality obligations for handling sensitive business information

4. Data Protection: Provisions for handling personal data and ensuring compliance with privacy regulations

5. Non-Solicitation: Restrictions on hiring each other's employees and protection against staff poaching

What schedules should be included in a Temporary Staffing Agreement?

1. Schedule 1 - Rate Card: Detailed breakdown of charging rates for different categories of temporary workers

2. Schedule 2 - Service Specifications: Detailed description of services and service levels

3. Schedule 3 - Insurance Requirements: Specific insurance requirements and minimum coverage levels

4. Schedule 4 - Required Qualifications: Minimum qualifications and certifications for temporary workers

5. Schedule 5 - Assignment Details Form: Template for documenting specific temporary worker assignments

6. Schedule 6 - Health and Safety Requirements: Specific health and safety procedures and 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
Clauses
Industries

Fair Labor Standards Act (FLSA): Federal law governing minimum wage, overtime pay, recordkeeping, and child labor requirements for temporary staffing arrangements

Internal Revenue Code: Federal tax regulations concerning worker classification, tax withholding, and benefits taxation for temporary staff

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

Americans with Disabilities Act (ADA): Federal law requiring reasonable accommodations and non-discrimination provisions for disabled workers

Title VII of the Civil Rights Act: Federal anti-discrimination and equal employment opportunity requirements applicable to temporary staffing

Family and Medical Leave Act (FMLA): Federal regulations governing leave entitlements and job protection provisions for eligible employees

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

Employee Retirement Income Security Act (ERISA): Federal law governing benefits administration and insurance requirements for temporary staff

State Labor Laws: State-specific regulations regarding minimum wage, overtime rules, and break requirements

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

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

State Employment Discrimination Laws: State-specific protected categories and compliance requirements beyond federal regulations

Joint Employer Liability: Legal considerations regarding shared employer responsibilities between staffing agency and client company

Confidentiality and IP Provisions: Requirements for protecting confidential information and intellectual property rights in temporary staffing arrangements

Non-Compete Provisions: Restrictions and requirements regarding non-compete and non-solicitation clauses for temporary staff

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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