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Co Employment Agreement Template for United States

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Key Requirements PROMPT example:

Co Employment Agreement

"I need a Co Employment Agreement for my tech startup based in California, covering 50 employees, with specific provisions for remote workers and multi-state operations, to be effective from March 1, 2025."

Document background
The Co-Employment Agreement serves as the foundational document for businesses seeking to leverage professional employer organization services while maintaining day-to-day control of their workforce. This document has become increasingly important in the United States as companies seek to optimize their HR operations and ensure compliance with complex employment regulations. The agreement typically covers areas such as workers' compensation, benefits administration, payroll processing, and regulatory compliance, while clearly defining the shared and separate responsibilities of both the PEO and the client company.
Suggested Sections

1. Parties: Identification of the PEO, client company, and affected employees

2. Background: Context of the co-employment arrangement and business purpose

3. Definitions: Key terms used throughout the agreement including PEO, Client, Co-Employment, Worksite Employees

4. Allocation of Responsibilities: Clear division of employer responsibilities between PEO and client company

5. Employment Terms: Basic terms of employment including compensation, benefits, and working conditions

6. Compliance Obligations: Regulatory compliance responsibilities of each party under federal and state laws

7. Term and Termination: Duration of the agreement and conditions for termination or modification

Optional Sections

1. International Operations: Provisions for companies with international employees or overseas operations

2. Special Industry Provisions: Industry-specific requirements and compliance measures for regulated sectors

3. Multi-State Operations: Specific compliance requirements for operations across multiple states

Suggested Schedules

1. Schedule A - Service Description: Detailed breakdown of PEO services provided under the agreement

2. Schedule B - Fee Structure: Comprehensive pricing and payment terms for PEO services

3. Schedule C - Employee Handbook: Workplace policies and procedures applicable to co-employed workers

4. Schedule D - Benefits Summary: Detailed overview of employee benefits package and administration

5. Schedule E - State-Specific Addenda: Additional terms and requirements specific to different state jurisdictions

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

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Industries

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

National Labor Relations Act (NLRA): Federal law governing labor relations and protecting employees' rights to organize and engage in collective bargaining

Equal Employment Opportunity (EEO) Laws: Federal laws prohibiting workplace discrimination based on race, color, religion, sex, national origin, and other protected characteristics

Americans with Disabilities Act (ADA): Federal law requiring reasonable accommodations for disabled employees and prohibiting disability discrimination

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

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

State Employment Laws: Various state-specific regulations covering wages, workers' compensation, unemployment insurance, and leave requirements

PEO Regulations: State-specific requirements for Professional Employer Organizations including licensing, registration, and insurance requirements

IRS Co-Employment Regulations: Federal tax guidelines governing co-employment relationships and tax responsibilities between PEOs and client companies

ERISA: Employee Retirement Income Security Act governing employee benefit plans and establishing standards for pension and health plans

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

COBRA: Federal law requiring continuation of group health insurance coverage after employment termination

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

OSHA: Occupational Safety and Health Act establishing workplace safety standards and employer obligations

Data Privacy Laws: State and federal requirements governing the protection and handling of employee personal information

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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