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Temporary Agency Agreement for the United States

Temporary Agency Agreement Template for United States

A Temporary Agency Agreement is a legal contract governed by U.S. federal and state employment laws that establishes the terms and conditions between a staffing agency and a client company for the provision of temporary workers. The agreement covers essential aspects including worker placement, payment terms, compliance requirements, liability allocation, and the respective responsibilities of both parties. It incorporates provisions to ensure compliance with federal regulations such as FLSA, ADA, and state-specific employment laws.

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Temporary Agency Agreement

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What is a Temporary Agency Agreement?

The Temporary Agency Agreement is essential for businesses requiring flexible workforce solutions in the United States. This contract type establishes the legal framework for temporary staffing arrangements, addressing crucial elements such as worker classification, liability allocation, payment structures, and compliance with federal and state employment laws. It's particularly relevant in today's dynamic business environment where companies need scalable workforce solutions while maintaining legal compliance. The agreement protects all parties' interests by clearly defining roles, responsibilities, and risk allocation between the staffing agency and the client company.

What sections should be included in a Temporary Agency Agreement?

1. Parties: Identification of the temporary staffing agency and the client company

2. Background: Context of the agreement and the parties' intention to enter into a temporary staffing arrangement

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

4. Scope of Services: Detailed description of staffing services to be provided

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

6. Payment Terms: Fees, payment schedule, and invoicing procedures

7. Responsibilities of Agency: Agency obligations including screening, placement, and compliance

8. Responsibilities of Client: Client obligations including workplace safety and supervision

9. Compliance with Laws: Commitment to comply with applicable employment laws

What sections are optional to include in a Temporary Agency Agreement?

1. Conversion Fee: Terms and conditions for converting temporary workers to permanent employees, including fee structures and notice periods

2. International Assignments: Special provisions governing international placements, including visa requirements and cross-border compliance

3. Specialized Industry Requirements: Industry-specific compliance requirements and regulations for regulated sectors

4. Background Check Requirements: Specific screening and verification requirements for sensitive positions

What schedules should be included in a Temporary Agency Agreement?

1. Schedule of Fees: Detailed breakdown of agency fees, markup rates, and additional charges

2. Service Level Agreement: Performance metrics, service standards, and response time requirements

3. Required Qualifications: Standard qualifications and experience requirements for different categories of temporary workers

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

5. Assignment Confirmation Form: Template for documenting and confirming individual temporary worker assignments

6. Compliance Checklist: Comprehensive checklist of regulatory requirements and required documentation

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 | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Agency Agreement

Cost

Free to use
Clauses






























Industries

Fair Labor Standards Act (FLSA): Federal law governing minimum wage, overtime pay, record-keeping requirements, and child labor restrictions for temporary workers

Title VII of the Civil Rights Act: Federal law ensuring equal employment opportunity and prohibiting discrimination in employment practices

Americans with Disabilities Act (ADA): Federal law requiring reasonable accommodations for disabled workers and preventing discrimination based on disability

Immigration Reform and Control Act: Federal law requiring I-9 verification and work authorization verification for all employees

Employee Retirement Income Security Act (ERISA): Federal law governing employee benefits administration and protection of employee benefit plans

IRS Guidelines: Federal tax regulations concerning worker classification and tax withholding requirements

State Labor Laws: State-specific regulations governing minimum wage, overtime, break periods, and paid sick leave requirements

State Workers' Compensation Laws: State-specific requirements for worker injury coverage and reporting obligations

State Unemployment Insurance: State-specific regulations for unemployment insurance contributions and eligibility criteria

State Licensing Requirements: State-specific licensing and permit requirements for staffing agencies and industry-specific operations

Joint Employer Liability: Legal framework defining responsibilities and risk allocation between temporary agency and client company

OSHA Requirements: Federal workplace safety standards and training responsibilities for temporary workers

National Labor Relations Act: Federal law governing union relations, collective bargaining, and labor organization rights

EEOC Guidelines: Federal guidelines for preventing discrimination and harassment in the workplace

Family and Medical Leave Act (FMLA): Federal law governing employee leave rights and benefits continuation during leave

Patient Protection and Affordable Care Act: Federal healthcare law determining coverage requirements and reporting obligations for temporary workers

Agreement Core Components: Essential contract elements including scope of services, payment terms, duration, termination conditions, insurance requirements, indemnification, confidentiality, non-solicitation, dispute resolution, and compliance requirements

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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