Staffing Agency

A firm that places workers at client companies on a temporary, temp-to-hire, or direct-hire basis — acting as the employer of record during temp assignments.

A staffing agency (also called a temp agency or employment agency) is a company that recruits workers and places them at client businesses to fill temporary, contract, or permanent positions. For temporary placements, the staffing agency is typically the worker's legal employer — handling payroll, taxes, and benefits — while the worker performs their job at the client site under the client's direction. This arrangement benefits companies that need flexible workforce capacity without long-term hiring commitments.

Temp assignments come in several forms. Pure temporary ('temp') roles are short-term fill-ins — covering leave, peak seasons, or project bursts — with no expectation of permanent employment. Temp-to-hire roles start as temporary but include a defined period after which the client may offer permanent employment. Direct-hire placements are standard recruiting where the agency earns a finder's fee but the worker is employed by the client from day one. The agency's business model: they bill the client a marked-up hourly rate and pay the worker a portion, keeping the spread as their margin.

Working through a staffing agency has trade-offs. On the upside: you get paid for the work, maintain employment continuity, and often get a foot in the door at companies that don't have open permanent roles. On the downside: agency workers typically receive fewer benefits than direct employees, may feel like second-class citizens in the workplace, and have no job security. The 'co-employment' arrangement can also be legally murky — workers are supervised by the client but employed by the agency, which creates ambiguity around who is responsible for what.

Types of Staffing Placements

  • Temporary: short-duration assignments (days to months). Worker is fully the agency's employee.
  • Temp-to-hire (contract-to-hire): begins as temp with an evaluation period; client can convert to direct hire after the period.
  • Contract / project-based: longer-term assignments (months to years) for specific projects. Common in IT, engineering, finance.
  • Direct hire / permanent placement: agency finds the candidate; client hires them directly. Agency earns a one-time placement fee.
  • Payrolling: client finds the worker themselves but uses the agency as employer-of-record for payroll and compliance.

Know Your Rights as a Temp Worker

  • You are entitled to at least minimum wage and overtime under FLSA, regardless of agency billing arrangements.
  • OSHA protections apply — the host employer is responsible for workplace safety, even if you're technically employed by the agency.
  • You may be eligible for workers' compensation through the staffing agency if you're injured on assignment.
  • Anti-discrimination laws (Title VII, ADA, ADEA) apply to temp workers — both the agency and client can be liable for discrimination.
  • If you're converted to a direct hire, ensure the client isn't charging you a conversion fee — this is the agency's cost, not yours.
  • Ask upfront: does the agency offer health insurance, 401k, or paid leave for long-term assignments?