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Staffing Agency Contract Template for United States

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Key Requirements PROMPT example:

Staffing Agency Contract

"I need a Staffing Agency Contract for my technology company to engage temporary IT workers in California, with specific provisions for intellectual property protection and the option to convert temporary workers to permanent employees after 6 months."

Document background
A Staffing Agency Contract is essential when businesses need to formalize their relationship with temporary staffing providers. This contract type is particularly important in the United States, where it must comply with complex federal and state employment regulations. The agreement typically covers worker classification, payment terms, liability allocation, insurance requirements, and compliance obligations. It's designed to protect both the staffing agency and client company while ensuring clear guidelines for temporary worker placement and management.
Suggested Sections

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

2. Background: Explains the purpose of the agreement and basic relationship between parties

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

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

5. Payment Terms: Specifies fees, payment schedule, and billing procedures

6. Term and Termination: Duration of agreement and conditions for termination

7. Compliance with Laws: Obligations regarding employment laws, regulations, and workplace safety

8. Insurance and Indemnification: Insurance requirements and mutual indemnification provisions

Optional Sections

1. Non-Solicitation: Prevents direct hiring of temporary workers by the client company without proper compensation to the staffing agency

2. Confidentiality: Protects sensitive information exchanged during services between all parties

3. Performance Metrics: Establishes KPIs and service levels for staffing services

4. Background Check Requirements: Specific screening and verification requirements for temporary workers

Suggested Schedules

1. Fee Schedule: Detailed breakdown of all fees, charges, and payment terms

2. Service Level Agreement: Specific performance metrics, standards, and service expectations

3. Required Qualifications: Minimum qualifications and experience requirements for temporary workers

4. Insurance Requirements: Detailed insurance coverage requirements and minimum coverage amounts

5. Standard Operating Procedures: Detailed processes for requesting, placing, and managing temporary workers

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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 governing minimum wage, overtime pay, record-keeping requirements, and child labor restrictions that must be addressed in the staffing contract

Equal Employment Opportunity Laws: Package of federal laws including Title VII, ADA, ADEA, and Equal Pay Act that protect against workplace discrimination and must be referenced in staffing agreements

Immigration Reform and Control Act (IRCA): Federal requirements for I-9 verification and work authorization verification that staffing agencies must comply with

Internal Revenue Code: Federal tax regulations covering employee classification and tax withholding requirements that affect staffing arrangements

Employee Retirement Income Security Act (ERISA): Federal law governing benefits administration and pension plans that may apply to staffing arrangements

State Labor Laws: State-specific requirements for minimum wage, break periods, overtime, and paid sick leave that vary by jurisdiction

Workers' Compensation Laws: State-specific insurance requirements and coverage obligations for temporary and placed workers

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

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

Joint Employer Liability: Legal considerations regarding shared liability between staffing agency and client company for employment-related obligations

Professional Liability Insurance: Insurance requirements and coverage specifications for staffing agency operations

Data Privacy and Protection: Requirements for handling and protecting personal and employment-related data of placed workers

OSHA Compliance: Workplace safety requirements and responsibility allocation between staffing agency and client company

Worker Classification: Guidelines and requirements for properly classifying workers as employees or independent contractors

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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