Limiting Liability in Staffing Agency Agreements: Defining Key Provisions and Avoiding Risks
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Commercial Law
- event Date
Tuesday, January 17, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE webinar will provide guidance to business counsel on how to navigate staffing agency agreements to limit liability by focusing on key contract clauses and best practices for due diligence and mitigating risks. The panel will discuss the provisions regarding parties' rights and responsibilities, indemnification, confidentiality, noncompetes, termination, insurance, and other risk allocation issues.
Mr. Allen is a corporate transactional attorney who concentrates his practice on M&A transactions, private placement transactions (both as issuer’s counsel and as counsel to venture capital firms, family offices, and angel investors), corporate and LLC governance and reorganizations, joint venture transactions, and complex commercial transactions in the areas of software licensing, industrial equipment sales, and significant supply, reseller, and distribution agreements.
Mr. Kushner advises and represents businesses and municipalities in all aspects of the employment relationship, including equal employment opportunity, civil rights litigation, wage and hour law, trade secret litigation, non-compete litigation, defamation litigation, employment policy consultation and drafting, drafting of employment agreements, and lawful documentation of the employment relationship. Although he is a seasoned litigator, Mr. Kushner has a passion for advising clients on how to achieve their goals while avoiding litigation altogether. As part of his litigation-avoidance practice, he assists clients in navigating difficult employee terminations, investigating allegations of harassment, discrimination or retaliation, responding to ADA accommodation and FMLA requests in a manner that is lawful but limits business hardship, and responding to numerous other issues that arise regarding employment.
Ms. Wynkoop has extensive experience designing, implementing and maintaining complex employee benefits programs, including retirement, health and welfare, equity and executive and deferred compensation programs, and employment and severance plans and agreements, including analysis of the impact of Code Sections 409A, 280G and 162(m). She also regularly counsels clients on complicated ERISA issues related to mergers, acquisitions, defined pension plans, cash balance plans, collective bargaining agreements and retiree health plans. Ms. Wynkoop advises clients on many facets of the Affordable Care Act, wellness programming, HIPAA and HITECH requirements. Cher’s clients include for-profit, tax-exempt entities and governmental entities.
The staffing industry contributes substantially to the U.S. economy while providing career opportunities for millions of employees per year. Staffing agency contracts cover employees working in virtually all occupations, including engineering, technology, scientific, industrial, managerial, clerical, administrative, and the healthcare sector. Whether a staffing agency is providing full-time, part-time, or temporary staff for a business, creating precise documentation of the engagement is key.
Staffing agency agreements can present very complicated issues. These contracts should outline the agreed-upon terms associated with the staffing agency services being provided to a business. Staffing agencies often provide the resolution to a company's short-term or gap staffing needs. However, businesses should not assume they can avoid liability for workplace claims by utilizing a staffing agency; in fact, in some cases, a business is exposed to liability by virtue of ignoring key contract clauses.
Some of the key contractual issues for counsel advising businesses to consider include indemnification provisions for losses, any penalties, and attorney's fees in connection with the staffing agency's employees, including potential and costly wage-related claims. Confidentiality breaches, noncompetes, termination, and responsibility and coverage for all applicable insurance must also be part of counsel's due diligence when reviewing staffing agency agreements. The agreements should contain representations and warranties by the staffing agency assuring that the agency will completely perform its duties and responsibilities to its employees in compliance with federal and state laws.
Listen as our authoritative panel outlines guidance for counsel for addressing key contract issues in staffing agency agreements. The panel will also offer strategies and best practices for mitigating potential and costly workplace claims that may arise from poorly drafted staffing agency agreements.
- Overview of staffing agency agreements
- Staffing agency duties and responsibilities
- Negotiating key contract provisions
- Indemnification and limits of liability
- Confidentiality breaches
- Noncompetes and governing law
- Insurance and other risk allocation issues
- Best practices for risk mitigation
The panel will review these and other issues:
- What are the key contract provisions when negotiating staffing agency agreements?
- What are the most disputed provisions and effective tactics for resolving them?
- What steps should counsel take to avoid risks in staffing agency agreements?
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