Temporary Staffing Services Agreement Template for United States

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Key Requirements PROMPT example:

Temporary Staffing Services Agreement

"Need a Temporary Staffing Services Agreement for our software company to engage a staffing agency to provide IT contractors, with specific provisions for intellectual property protection and potential permanent hire conversion starting March 2025."

Document background
The Temporary Staffing Services Agreement is essential for organizations seeking flexible workforce solutions while maintaining legal compliance. This document, governed by U.S. federal and state employment laws, establishes a framework for temporary staffing arrangements, defining responsibilities, liabilities, and operational procedures. It addresses critical aspects such as worker classification, payment terms, benefits administration, and regulatory compliance. The agreement is particularly relevant in today's dynamic business environment where companies need to scale their workforce efficiently while managing associated legal and operational risks.
Suggested Sections

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

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', etc.

4. Services: Detailed description of temporary staffing services, including recruitment, screening, and placement processes

5. Term and Termination: Duration of agreement, renewal terms, and conditions for termination including notice periods

6. Payment Terms: Fees, rates, invoicing procedures, payment timeline, and late payment consequences

7. Compliance with Laws: Obligations regarding employment laws, labor regulations, and statutory requirements

8. Insurance Requirements: Mandatory insurance coverage including workers compensation and professional liability

9. Indemnification: Mutual indemnification obligations and liability limitations

10. Confidentiality: Protection of confidential information and trade secrets

Optional Sections

1. Conversion Fee: Terms and fees for converting temporary workers to permanent employees

2. International Services: Specific provisions for cross-border staffing services and compliance requirements

3. Volume Commitments: Minimum staffing requirements and associated volume discounts

4. Background Checks: Requirements and procedures for employee background screening

5. Drug Testing: Drug testing policies and procedures for temporary workers

Suggested Schedules

1. Schedule A - Rate Card: Detailed pricing structure for different categories of staff and positions

2. Schedule B - Service Level Agreement: Performance metrics, response times, and quality standards

3. Schedule C - Insurance Requirements: Detailed specifications of required insurance coverage and limits

4. Schedule D - Required Compliance Documentation: List of required forms, certificates, and compliance documentation

5. Schedule E - Job Categories and Descriptions: Detailed descriptions of temporary 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, recordkeeping, and youth employment standards affecting full-time and part-time workers

Equal Employment Opportunity Laws: Federal laws prohibiting workplace discrimination, including Title VII of the Civil Rights Act, ADA, and ADEA

Immigration Reform and Control Act (IRCA): Federal law requiring employers to verify employment eligibility of workers and maintain Form I-9 documentation

IRS Worker Classification Guidelines: Federal guidelines determining worker status as employee vs. independent contractor, affecting tax obligations and benefits

Employee Retirement Income Security Act (ERISA): Federal law setting minimum standards for most voluntarily established pension and health plans in private industry

Affordable Care Act (ACA): Federal healthcare law establishing requirements for employer-provided health insurance and coverage standards

Family and Medical Leave Act (FMLA): Federal law providing eligible employees with unpaid, job-protected leave for specified family and medical reasons

Occupational Safety and Health Act (OSHA): Federal law establishing workplace safety standards and regulations to ensure safe working conditions

State Labor Laws: State-specific regulations governing employment relationships, including wage rates, working hours, and leave requirements

Workers' Compensation Requirements: State-mandated insurance programs providing benefits to workers who are injured or disabled on the job

State Privacy Laws: State-specific regulations governing the collection, storage, and protection of employee and client data

Insurance Requirements: Mandatory insurance coverage including professional liability, workers' compensation, and general liability insurance

State Contract Laws: State-specific regulations governing contract formation, enforcement, and interpretation

Tax Regulations: Federal and state requirements for payroll taxes, employment taxes, and related tax reporting obligations

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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