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Staffing Subcontractor Agreement Template for United States

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Key Requirements PROMPT example:

Staffing Subcontractor Agreement

"I need a Staffing Subcontractor Agreement for my IT staffing agency to engage with a specialized cybersecurity staffing provider in California, with specific provisions for security clearance requirements and remote work arrangements starting March 2025."

Document background
The Staffing Subcontractor Agreement is essential when a primary staffing agency needs to engage additional staffing providers to fulfill client requirements. This document is particularly relevant in the United States where complex federal and state employment regulations necessitate clear delineation of responsibilities between staffing providers. The agreement typically covers worker classification, compliance requirements, payment structures, and risk allocation. It's designed to protect all parties while ensuring regulatory compliance with U.S. labor laws, particularly in situations where the primary contractor needs to augment their staffing capabilities or access specialized talent pools.
Suggested Sections

1. Parties: Identification of the primary contractor and subcontractor, including legal names and addresses

2. Background: Context of the agreement and basic premises of the staffing arrangement

3. Definitions: Key terms used throughout the agreement including defined roles, services, and important concepts

4. Scope of Services: Detailed description of staffing services to be provided, including responsibilities and deliverables

5. Term and Termination: Duration of agreement and conditions for termination, including notice periods and wind-down procedures

6. Payment Terms: Compensation, invoicing procedures, payment schedules, and related financial terms

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

8. Insurance Requirements: Mandatory insurance coverage specifications and minimum coverage amounts

9. Confidentiality: Protection of proprietary information and trade secrets

Optional Sections

1. Performance Metrics: Specific KPIs and performance standards for measuring service quality and effectiveness

2. International Staffing Provisions: Additional requirements and compliance measures for international staffing arrangements

3. Training Requirements: Specific training obligations and professional development requirements

4. Background Check Requirements: Specific screening procedures and security clearance requirements

Suggested Schedules

1. Schedule A - Rate Card: Detailed breakdown of staffing rates, markups, and pricing structure

2. Schedule B - Service Levels: Detailed service level requirements, performance metrics, and measurement criteria

3. Schedule C - Insurance Requirements: Detailed insurance coverage requirements and minimum coverage amounts

4. Schedule D - Required Forms: Standard forms for timesheet submission, expense reports, and other operational documents

5. Schedule E - Compliance Checklist: Detailed compliance requirements and documentation checklist

6. Appendix 1 - Job Descriptions: Standard job descriptions and qualifications for commonly filled positions

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

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

Internal Revenue Code: Federal tax regulations covering worker classification, tax withholding, and Form W-9 requirements

Title VII and Anti-Discrimination Laws: Federal laws including Title VII, ADA, and ADEA protecting against workplace discrimination

Employee Benefits Laws: Federal regulations including ERISA and ACA requirements governing employee benefits

Occupational Safety and Health Act: Federal law establishing workplace safety standards and compliance requirements

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

State Unemployment Insurance: State-specific requirements for unemployment insurance registration and contributions

Workers' Compensation: State-specific requirements for workers' compensation insurance and compliance

State Non-Compete Laws: State-specific regulations governing non-compete and non-solicitation agreements

Liability and Indemnification: Contractual provisions defining responsibility and protection against claims

Insurance Requirements: Specifications for required insurance coverage including general liability, professional liability, and workers' compensation

Confidentiality and IP Protection: Provisions protecting confidential information and intellectual property rights

Payment Terms: Contractual specifications for payment schedules, rates, and conditions

Term and Termination: Provisions governing contract duration, renewal, and termination conditions

Dispute Resolution: Procedures and mechanisms for resolving contractual disputes

Data Privacy Requirements: Regulations and provisions governing the protection and handling of personal and sensitive data

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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