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Limiting Liability in Staffing Agency Agreements: Defining Key Provisions and Avoiding Risks

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, January 17, 2023

Recorded event now available

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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.


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.



  1. Overview of staffing agency agreements
    1. Staffing agency duties and responsibilities
  2. Negotiating key contract provisions
    1. Indemnification and limits of liability
    2. Confidentiality breaches
    3. Noncompetes and governing law
    4. Insurance and other risk allocation issues
  3. 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?


Allen, Joseph
Joseph B. Allen

Willcox & Savage

Mr. Allen is a corporate transactional attorney who concentrates his practice on M&A transactions, private...  |  Read More

Kushner, David
David A. Kushner

Partner; Chair of Labor and Employment Section
Willcox & Savage

Mr. Kushner advises and represents businesses and municipalities in all aspects of the employment relationship,...  |  Read More

Wynkoop, Cher
Cher E. Wynkoop

Member; Leader Employee Benefits and Executive Compensation Practice
Willcox & Savage

Ms. Wynkoop has extensive  experience designing, implementing  and maintaining complex employee benefits...  |  Read More

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