Intercompany Employee Lease Agreement Template for United States

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Key Requirements PROMPT example:

Intercompany Employee Lease Agreement

"I need an Intercompany Employee Lease Agreement for temporarily transferring 5 software developers from our UK subsidiary to our US headquarters in California for a 6-month project starting March 2025, with specific provisions for intellectual property protection and visa compliance."

Document background
The Intercompany Employee Lease Agreement is utilized when companies within the same corporate group or separate entities need to share human resources efficiently while maintaining legal compliance. This document is particularly relevant in the United States where complex federal and state employment laws govern such arrangements. The agreement covers essential elements including employer of record status, tax obligations, benefits administration, workplace safety compliance, and risk allocation. It's designed to protect both companies' interests while ensuring compliance with labor laws, tax regulations, and employment standards. The agreement is commonly used for project-based assignments, specialized skill requirements, or resource optimization across affiliated companies.
Suggested Sections

1. Parties: Identification of the lending company and receiving company

2. Background: Context of the agreement and purpose of the employee lease arrangement

3. Definitions: Key terms used throughout the agreement including 'Leased Employees', 'Services', 'Term'

4. Term and Termination: Duration of the agreement and conditions for termination

5. Scope of Services: Details of the employee leasing arrangement and services to be provided

6. Employment Status: Clarification of employment relationship and employer of record

7. Compensation and Benefits: Terms of payment, benefits administration, and cost allocation

8. Duties and Obligations: Responsibilities of both companies regarding the leased employees

9. Liability and Indemnification: Allocation of risks and responsibilities between parties

10. Governing Law: Applicable law and jurisdiction

Optional Sections

1. Immigration Compliance: Required when dealing with international employees or visa holders

2. Intellectual Property Rights: Ownership and protection of IP created during the lease period

3. Non-Competition: Restrictions on competitive activities

4. Insurance Requirements: Specific insurance coverage requirements

5. Data Protection: Handling of personal and confidential information

Suggested Schedules

1. Schedule A - Leased Employees: List of employees being leased, their roles and responsibilities

2. Schedule B - Compensation Structure: Detailed breakdown of compensation, benefits, and cost allocation

3. Schedule C - Service Level Agreement: Performance metrics and service standards

4. Schedule D - Insurance Requirements: Detailed insurance coverage requirements and certificates

5. Appendix 1 - Compliance Checklist: Regulatory compliance requirements and documentation

6. Appendix 2 - Required Forms: Standard forms and documentation required for the lease arrangement

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

Clauses
Industries

Fair Labor Standards Act (FLSA): Federal law establishing minimum wage, overtime pay, recordkeeping, and youth employment standards

Equal Employment Opportunity Laws: Federal laws prohibiting workplace discrimination and ensuring equal opportunity in employment

Americans with Disabilities Act (ADA): Federal law protecting rights of individuals with disabilities in employment and public accommodation

Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from employment discrimination

Title VII of the Civil Rights Act: Federal law prohibiting employment discrimination based on race, color, religion, sex, and national origin

Internal Revenue Code Regulations: Federal tax laws governing employee classification, withholding, and reporting requirements

State Tax Requirements: State-specific tax obligations and reporting requirements for employee compensation

Immigration Reform and Control Act: Federal law requiring employers to verify employment eligibility of their workers

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

Health Insurance Portability and Accountability Act (HIPAA): Federal law protecting sensitive patient health information and employee health benefits

State Labor Laws: State-specific employment regulations including wages, hours, and working conditions

Occupational Safety and Health Act (OSHA): Federal law ensuring safe and healthful working conditions

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

National Labor Relations Act: Federal law governing labor-management relations and joint employment considerations

Joint Employment Guidelines: Department of Labor guidelines defining responsibilities and obligations in shared employment 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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