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Joint Employment Agreement Template for United States

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Key Requirements PROMPT example:

Joint Employment Agreement

"I need a Joint Employment Agreement for a software developer who will be working 60% for our tech consulting firm and 40% for our client's in-house team, starting March 1, 2025, with specific provisions for intellectual property sharing and data protection compliance."

What is a Joint Employment Agreement?

The Joint Employment Agreement addresses the increasingly common situation where an employee performs work that simultaneously benefits two or more employers. This arrangement requires careful structuring to ensure compliance with U.S. federal and state employment laws, including the Fair Labor Standards Act, workers' compensation requirements, and various labor regulations. The agreement defines primary and secondary employer responsibilities, establishes clear communication channels, and protects all parties' interests while maintaining operational efficiency. It's particularly crucial when employees work across different business entities, shared service arrangements, or in professional employer organization (PEO) relationships.

What sections should be included in a Joint Employment Agreement?

1. Parties: Identifies all employers involved in the joint employment relationship and the employee

2. Background: Explains the context of the joint employment arrangement and why it's being established

3. Definitions: Defines key terms used throughout the agreement, including 'Primary Employer', 'Secondary Employer', etc.

4. Employment Terms: Specifies position, duties, start date, and employment status

5. Division of Employer Responsibilities: Clearly outlines which employer is responsible for what aspects of employment

6. Compensation and Benefits: Details salary, benefits, and which employer will handle payments/administration

7. Work Schedule and Location: Specifies working hours and location arrangements between employers

8. Compliance and Liability: Addresses joint compliance with employment laws and allocation of liability

9. Termination: Conditions and procedures for ending the employment relationship

What sections are optional to include in a Joint Employment Agreement?

1. Intellectual Property Rights: Addresses ownership of IP created during employment - use when employee will be creating intellectual property

2. Non-Compete Provisions: Restrictions on post-employment competition - use when protecting business interests is crucial

3. International Work Provisions: Specific terms for cross-border employment - use when employment involves multiple countries

4. Training and Development: Specifies responsibility for employee training - use when significant training investment is involved

5. Confidentiality Provisions: Protection of confidential information - use when employee has access to sensitive information

What schedules should be included in a Joint Employment Agreement?

1. Schedule A - Job Description: Detailed description of role and responsibilities

2. Schedule B - Compensation Structure: Detailed breakdown of salary, benefits, and payment responsibilities

3. Schedule C - Employee Handbook Acknowledgment: Reference to applicable employer handbooks and policies

4. Schedule D - Health and Safety Protocols: Specific safety requirements and responsible parties

5. Schedule E - Cost Sharing Agreement: Breakdown of how employment costs are shared between employers

6. Schedule F - Reporting Structure: Organizational chart showing reporting lines to both employers

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºìÐÓÖ±²¥ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Fair Labor Standards Act (FLSA): Federal law governing minimum wage, overtime pay, recordkeeping, and child labor standards. Key for establishing basic employment terms and compensation structure.

Title VII of the Civil Rights Act: Federal anti-discrimination law that prohibits employment discrimination based on race, color, religion, sex, and national origin. Essential for ensuring compliance with EEO requirements.

Americans with Disabilities Act (ADA): Federal law requiring reasonable accommodations for disabled employees and protecting against disability-based discrimination.

Immigration Reform and Control Act: Federal law mandating employment eligibility verification through I-9 forms and work authorization checks.

Family and Medical Leave Act (FMLA): Federal law providing eligible employees with job-protected leave for specified family and medical reasons.

National Labor Relations Act (NLRA): Federal law protecting employees' rights to organize and engage in collective bargaining, affecting workplace policies and procedures.

Occupational Safety and Health Act (OSHA): Federal law establishing workplace safety standards and compliance requirements for employers.

Internal Revenue Code: Federal tax regulations governing employee classification, tax withholding, and social security/Medicare contributions.

State Labor Laws: State-specific requirements for minimum wage, break periods, paid sick leave, and unemployment insurance that may exceed federal standards.

State Workers' Compensation Laws: State-specific requirements for workplace injury coverage, reporting, and compliance obligations.

DOL Joint Employer Guidelines: Department of Labor guidance defining joint employer relationships, shared responsibilities, and liability allocation between multiple employers.

Benefits Administration Rules: Regulations governing the coordination and administration of health insurance, retirement plans, and other benefits between joint employers.

Privacy and Data Protection Laws: Federal and state requirements for protecting employee personal information and maintaining confidentiality in joint employment situations.

Local Employment Ordinances: City or county-specific employment requirements that may affect workplace policies and employee rights in specific jurisdictions.

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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