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Per Diem Employment Agreement Template for United States

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Key Requirements PROMPT example:

Per Diem Employment Agreement

"I need a Per Diem Employment Agreement for hiring temporary nurses in California, with daily rates ranging from $400-600 plus meal allowances, starting March 1, 2025, with strong confidentiality and HIPAA compliance provisions."

Document background
The Per Diem Employment Agreement serves as a crucial document for organizations requiring flexible staffing solutions in the United States. This agreement type is particularly valuable when businesses need workers on a daily-rate basis, often for temporary or intermittent work arrangements. The document ensures compliance with U.S. federal and state employment laws while clearly defining the scope of work, compensation structure, and employment terms. It's designed to protect both employer and employee interests by explicitly outlining daily rates, expense allowances, work expectations, and the temporary nature of the engagement.
Suggested Sections

1. Parties: Identifies the employer and employee, including full legal names and addresses

2. Background: Brief context of the employment arrangement and purpose of the per diem agreement

3. Definitions: Key terms used throughout the agreement including 'Per Diem', 'Work Day', 'Assignment'

4. Nature of Employment: Defines the employment relationship, position, and duties

5. Compensation: Details of base pay and per diem payment structure

6. Work Schedule: Expected working hours and schedule flexibility

7. Term and Termination: Duration of agreement and termination provisions

Optional Sections

1. Benefits: Details of any benefits provided when employer offers benefits to per diem employees

2. Confidentiality: Provisions regarding confidential information when employee will have access to sensitive information

3. Non-Compete: Restrictions on working for competitors, used for specialized positions or sensitive industries

4. Travel Requirements: Specific travel expectations and arrangements when position requires regular travel

Suggested Schedules

1. Schedule A - Per Diem Rate Schedule: Detailed breakdown of per diem rates for different locations/situations

2. Schedule B - Position Description: Detailed job description and responsibilities

3. Schedule C - Expense Policy: Guidelines for expense reporting and reimbursement

4. Appendix 1 - Required Forms: Tax forms, I-9, and other required employment documentation

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 governing minimum wage, overtime regulations, record-keeping requirements, and work hour regulations for per diem employees

Internal Revenue Code: Federal tax regulations covering employee classification, tax withholding requirements, and per diem payment tax implications

Employee Retirement Income Security Act (ERISA): Federal law governing employee benefit plans and their requirements if applicable to per diem workers

Immigration Reform and Control Act: Federal requirements for employment eligibility verification including I-9 documentation

Family and Medical Leave Act (FMLA): Federal law governing leave rights, applicable based on employer size and employee eligibility

Americans with Disabilities Act (ADA): Federal law requiring reasonable accommodations for qualified individuals with disabilities

State Labor Laws: State-specific regulations covering minimum wage, meal/rest breaks, paid sick leave, and overtime rules

State Employment Security Laws: State-level requirements for unemployment insurance and workers' compensation coverage

State Per Diem Regulations: State-specific rules governing maximum allowable per diem rates and tax treatment of per diem payments

Employment Classification: Contractual element defining the worker's status as a per diem employee

Compensation Structure: Contractual element outlining pay rates, payment frequency, and per diem allowance calculation

Work Schedule: Contractual element defining expected work hours, scheduling process, and availability requirements

Benefits Eligibility: Contractual element specifying which benefits, if any, are available to per diem employees

Term of Employment: Contractual element defining the duration or open-ended nature of the per diem employment arrangement

Termination Conditions: Contractual element specifying circumstances and procedures for ending the employment relationship

Confidentiality Requirements: Contractual element outlining expectations for handling sensitive company information

Dispute Resolution: Contractual element defining procedures for resolving employment-related disputes

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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