Staffing Agency Agreement Template for United States

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Key Requirements PROMPT example:

Staffing Agency Agreement

"I need a Staffing Agency Agreement for my technology company to engage temporary IT workers in California, with specific provisions for intellectual property protection and potential conversion to permanent employment after 6 months."

Document background
The Staffing Agency Agreement serves as the foundational document governing the relationship between staffing providers and businesses requiring temporary workforce solutions. This contract type is essential in today's dynamic labor market, where companies frequently need flexible staffing solutions. The agreement addresses critical aspects such as worker classification, liability protection, insurance requirements, and compliance with U.S. federal and state employment laws. It's particularly important given the complex regulatory environment surrounding temporary staffing and the need to clearly define responsibilities between the agency and client company.
Suggested Sections

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

2. Background: Context of the agreement and brief description of the parties' business relationship

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

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

5. Payment Terms: Fees, invoicing, and payment schedules

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

7. Responsibilities of Parties: Specific obligations of both staffing agency and client

8. Compliance with Laws: Commitment to comply with applicable employment laws

9. Insurance Requirements: Mandatory insurance coverage requirements

Optional Sections

1. Performance Metrics: Specific KPIs and service levels for larger contracts with specific performance requirements

2. International Placement: Provisions for international worker placement when dealing with cross-border staffing

3. Background Check Requirements: Specific screening requirements for positions requiring security clearance or specific certifications

4. Direct Hire Provisions: Terms for converting temporary workers to permanent employees when temp-to-perm arrangements are possible

Suggested Schedules

1. Schedule of Rates: Detailed fee structure and markup rates

2. Service Level Agreement: Detailed performance metrics and requirements

3. Insurance Certificate: Proof of required insurance coverage

4. Standard Terms and Conditions: General terms applicable to all placements

5. Data Protection Protocol: Procedures for handling personal data

6. Job Categories and Descriptions: List of positions and required qualifications

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

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 staffing arrangements

Title VII of the Civil Rights Act: Federal anti-discrimination law requiring equal employment opportunity and prohibiting discrimination in staffing practices

Americans with Disabilities Act (ADA): Federal law requiring reasonable accommodations for disabled workers and preventing discrimination based on disability

Immigration Reform and Control Act: Federal law governing I-9 verification and work authorization requirements for all placed employees

IRS Regulations: Federal tax regulations governing employee classification and tax withholding requirements for staffing arrangements

Family and Medical Leave Act (FMLA): Federal law providing leave entitlements and job protection for eligible employees

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

Workers' Compensation Laws: State-specific requirements for workplace injury coverage and reporting obligations in staffing arrangements

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

State Employment Laws: State-specific regulations governing background checks, drug testing, and payment of wages

Co-employment Regulations: Legal framework defining roles and responsibilities between staffing agency and client company, including risk allocation

Data Privacy Laws: Federal and state requirements for protecting employee information and maintaining confidentiality in staffing relationships

Non-compete Regulations: State-specific rules governing the enforceability of non-compete and non-solicitation agreements in staffing contracts

Insurance Requirements: Mandatory and recommended insurance coverage including professional liability, general liability, and employment practices liability

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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