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Co Employment Agreement Template for United States

A Co-Employment Agreement is a legally binding contract used in the United States that establishes a three-way relationship between a Professional Employer Organization (PEO), a client company, and its employees. This agreement defines the allocation of employer responsibilities, including payroll, benefits administration, regulatory compliance, and risk management. It must comply with federal labor laws and state-specific employment regulations, while clearly delineating the roles and obligations of each party involved.

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What is a Co Employment Agreement?

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.

What sections should be included in a Co Employment Agreement?

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

What sections are optional to include in a Co Employment Agreement?

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

What schedules should be included in a Co Employment Agreement?

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) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Cost

Free to use

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