Model General Staffing Agreement - New Provisions for the Affordable Care Act (ACA)

Aug 31, 2026

Upload by Anda

Model General Staffing Agreement template for staffing services where no existing written contract is in place. Sets baseline allocation of business risks and indemnification principles between staffing firm and client, and includes exhibits for rate schedules, benefits waivers, and assigned-employee confidentiality. Provides optional clauses tailored to staffing-firm policies and arrangement terms. Updates provisions addressing Affordable Care Act (ACA) obligations, including common-law employer status, control rights, ACA indemnification, and health coverage offered on the client’s behalf.

LanguageEnglish

CategoryForms

FormatDOCX

Pages12

Reading Time4 min

AccessFree to download

Model General Staffing Agreement

Exhibit A: Sample Rate Schedule

Exhibit B: Sample Benefits Waiver for Assigned Employees

Exhibit C: Sample Confidentiality Agreement for Assigned Employees

Optional Provisions

Staffing Firm Duties and Responsibilities

Staffing Firm Right to Control

ACA Indemnification Provision

Health Coverage Offered by Staffing Firm on Behalf of Client

Model General Staffing Agreement This basic contract form is a general agreement for staffing services. It is intended for use where there is no existing written contract with the client and can be offered in lieu of the client’s standard contract form. It is based on the simple principle of “Whose business is it?”—i.e., that each party is responsible for the risks associated with its own business, and that each party has a duty to indemnify the other only for those risks. The accompanying exhibits provide sample formats for rate schedules, assigned employee benefit waivers, and assigned employee confidentiality agreements. The agreement also includes optional provisions that may need to be added to the basic document, depending on the particular operational policies of the staffing firm or the terms of the arrangement. The contract form is provided as a Word document to facilitate and encourage staffing firms to revise, customize, and optimize the contents for their particular circumstances and uses. New provisions have been added related to the Affordable Care Act. The employer regulations under the act apply to “common law employers.” The new provisions are primarily intended to help ensure that staffing firm agreements properly reflect the staffing firm’s common law employer status. In certain cases where the client might be viewed as the employer optional “agency” language has been included to protect clients from ACA liability. Indemnification language has also been added to specifically address ACA-related liability issues. Below is a summary of the new provisions. Staffing duties and responsibilities: Paragraph 1 of the agreement lists the duties and responsibilities of the staffing firm. A new subparagraph f. has been added to reflect the staffing firm’s obligation to comply with federal, state and local labor and employment laws. A new subparagraph g. specifically addresses the staffing firm’s obligations under the ACA. Staffing firm right to control: The right to right to control assigned employees’ activities at the worksite, even if rarely exercised, has been viewed by courts as an important element of common law employer status. A new paragraph 1.2.has been added to reflect that the staffing firm has this right. ACA Indemnification provision: An optional provision has been included to address client requests for staffing firm indemnification against ACA liability for assigned employees. This provision could be added as a new paragraph 10a. in the Indemnification and Limitation of Liability section of the agreement. Health coverage offered by staffing firm on behalf of client: The employer regulations provide that, in a case where the client is viewed as the common law employer, health coverage offered by the staffing firm to assigned employees will be viewed as offered by the client provided the client pays a higher fee reflecting the coverage offered. The law does not specify how much higher the fee must be, or that it relate to the actual cost of coverage. Language covering such cases is included in the optional provisions section. THIS MODEL AGREEMENT IS NOT INTENDED AS LEGAL ADVICE AND MEMBERS ARE URGED TO CONSULT WITH THEIR OWN COUNSEL BEFORE IMPLEMENTING ANY OF THE PROVISIONS. Contents Model General Staffing Agreement Exhibit A: Sample Rate Schedule Exhibit B: Sample Benefits Waiver for Assigned Employees Exhibit C: Sample Confidentiality Agreement for Assigned Employees Optional Provisions Reports Background Checks On-Site Coordinator Guarantee Insurance Client-Recruited Employees Conversion Workout Period; Credit for Past Service Minimum Hours Per Day Late Payment Penalty No Staff Hire-Aways; Fee Financial Audit Nature of Relationship Headings Arbitration Contract Interpretation Choice of Law Assignment of Agreement General Staffing Agreement _______________________, with its principal office located at _______________________ (“STAFFING FIRM”), and _____________________, with its principal office locat

FAQs

What is the purpose of this model general staffing agreement?

It provides a general contract form for staffing services when there is no existing written agreement with the client, including baseline risk allocation and indemnification principles.

What ACA-related updates are included in the staffing agreement?

New provisions address compliance with ACA requirements for common-law employer status, including obligations of the staffing firm and optional language to protect clients from ACA liability in certain cases.

Where does the ACA indemnification provision fit in the agreement?

An optional ACA indemnification clause can be added as a new paragraph 10a in the Indemnification and Limitation of Liability section, based on client requests.

Aug 31, 2026

Upload by Anda