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Temporary Agency Contract for the United States

Temporary Agency Contract Template for United States

A Temporary Agency Contract is a legally binding agreement between a staffing agency and a client company in the United States, governing the provision of temporary workers. The contract addresses federal and state employment laws, including FLSA, ADA, and state-specific labor regulations. It outlines the terms of service, responsibilities of both parties, worker classifications, fee structures, and compliance requirements for temporary staffing arrangements.

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Temporary Agency Contract

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What is a Temporary Agency Contract?

The Temporary Agency Contract serves as the foundational document for temporary staffing arrangements in the United States. It is essential when businesses need flexible workforce solutions while ensuring compliance with federal and state employment laws. The contract covers crucial aspects including worker classification, compensation, benefits, liability allocation, and workplace safety requirements. It protects all parties' interests while maintaining compliance with varying state regulations and federal requirements such as FLSA, ADA, and OSHA guidelines. This document is particularly important in today's dynamic business environment where workforce flexibility is increasingly vital.

What sections should be included in a Temporary Agency Contract?

1. Parties: Identifies the temporary staffing agency and the client company, including full legal names and addresses

2. Background: Explains the context of the agreement and the parties' intentions to enter into a temporary staffing arrangement

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

4. Services: Details the temporary staffing services to be provided, including recruitment, placement, and management of temporary workers

5. Terms of Assignment: Specifies duration, working hours, location, and general conditions of temporary assignments

6. Fees and Payment: Outlines fee structure, payment terms, invoicing procedures, and any additional charges

7. Obligations of the Agency: Lists responsibilities including screening, verification, and management of temporary workers

8. Obligations of the Client: Details client responsibilities regarding workplace safety, supervision, and treatment of temporary workers

9. Termination: Specifies conditions and procedures for ending the agreement or individual assignments

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

1. Conversion Fee: Terms and conditions for permanent hiring of temporary workers, including fee structures and notice periods

2. Insurance Requirements: Detailed insurance coverage requirements and minimum coverage amounts for both agency and client

3. Non-Solicitation: Provisions preventing direct hiring or poaching of workers and associated penalties

4. Performance Metrics: Specific KPIs, service levels, and performance measurement criteria for the staffing arrangement

What schedules should be included in a Temporary Agency Contract?

1. Fee Schedule: Detailed breakdown of all fees, markups, and payment terms

2. Service Level Agreement: Specific performance metrics and service standards

3. Required Qualifications: Standard qualification requirements for temporary workers

4. Health and Safety Requirements: Specific safety protocols and requirements

5. Assignment Details Template: Standard form for documenting individual assignment details

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

Equal Employment Opportunity Laws: Bundle of federal laws including Title VII, ADA, ADEA, and Equal Pay Act protecting against various forms of employment discrimination

Immigration Reform and Control Act: Federal requirements for I-9 verification and work authorization verification for temporary employees

National Labor Relations Act: Federal law governing employee rights regarding unionization and collective bargaining provisions

Employee Classification Rules: IRS and Department of Labor guidelines on proper classification of workers as independent contractors vs. employees

State Labor Laws: State-specific requirements for minimum wage, overtime, and meal/rest breaks that may exceed federal standards

State Workers' Compensation Laws: State-specific requirements for workers' compensation coverage and incident reporting obligations

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

Employee Leasing Laws: Regulations specific to staffing agencies including registration, insurance, and bond requirements

Co-employment Regulations: Rules governing the division of employer responsibilities and liability between staffing agency and client company

Occupational Safety and Health Act (OSHA): Federal safety requirements, training obligations, and reporting requirements for workplace safety

Employee Retirement Income Security Act (ERISA): Federal law governing benefits administration and disclosure requirements for temporary employees

Affordable Care Act: Federal healthcare law stipulating coverage requirements and reporting obligations for temporary employees

State Privacy Laws: State-specific requirements for data protection and information security standards in employment context

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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