Law & Advocacy

Similar to other ASA model contracts, the health care staffing model agreement is based on the principle of “Whose business is it?”—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. This agreement also addresses health care staffing firms’ needs—it includes a list of documents to maintain for each assigned employee and the types and limits of insurance the staffing firm will carry. The agreement also contains alternative language for traveler positions. Additionally, the sector agreement includes optional provisions for investigation of Medicare or Medicaid fraud, cancellations, and minimum hours per week. More ›

This language is designed to be incorporated into an employee’s time sheet. It contains abbreviated responsibility lists and a waiver of extraordinary types of damage recoveries, but does not contain an express indemnity clause, which could be added. The time sheet language can serve as a stand-alone agreement in situations where no formal written agreement is used and may be used in conjunction with the General Staffing Agreement. More ›

This document is intended for use where a written contract with the client already exists. It is designed to “correct” the existing agreement by overriding unduly broad or inappropriate indemnity language without affecting the basic provisions of the contract. More ›

This agreement 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?”—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. More ›

This material helps staffing professionals address client questions and objections that may be raised in the presentation of the General Staffing Agreement. More ›

A staffing firms financial exposure is necessarily more limited than that of most contractors. While staffing firms control and stand behind their own services, namely providing assigned employees qualified to work under a client’s supervision, they don’t control a client’s business. A contract between a staffing firm and a staffing client should fairly define their respective responsibilities. Using the philosophy of “Whose business is it?” such a contract should be based on the following principles. More ›

There are three model agreements, each designed for a different situation. Also included are additional resources to help staffing firms explain to clients the staffing industry’s contract philosophy and to answer client questions. More ›

This serves as an agreement between the staffing firm and client when the company performs outsourcing services on behalf of the client. This service may include project management, assumption of particular tasks, and the provision of specific deliverables to the client. More ›

This agreement is to be used when a staffing firm supplies assigned workers to the client on a temporary basis to supplement the client’s work force. The assigned workers will work under the direction, control, and supervision of the client. In addition to dealing with liability and indemnification issues, it contains a comprehensive set of basic operational terms and conditions. More ›

This agreement is used when a client desires technical services to be performed on the client’s premises by employees of the staffing firm. It states that the assigned workers are employees of the staffing firm, paid by the staffing firm, and all matters concerning wages, expenses, hours worked and paid, working conditions, and other similar administrative matters shall be resolved between the assigned worker and the staffing firm. More ›