
Compliance might not be the most exciting part of running a staffing agency, but it’s one of the most critical.
Labor laws, tax regulations, and employment policies are in a constant state of motion, and staying on top of them is no small feat, especially when your agency operates across multiple states and industries.
Still, with the right approach, compliance doesn’t have to be a headache. In fact, it can become a key driver of your agency’s growth and long-term success.
Let’s explore the common compliance challenges for staffing agencies and how to move through those barriers with confidence so that you can focus on what matters most: growing your company.
Barrier #1: Staffing Agency Compliance Is Incredibly Complex
When compliance processes aren’t standardized or carefully managed, it opens the door to costly errors and legal risk.
Take payroll deductions, for example. Even for a traditional employer, calculating and applying federal and state withholdings, insurance premiums, and retirement contributions can be intricate. Now add in multiple locations, each with unique benefits structures, and it gets even more challenging.
Recordkeeping is another critical piece for remaining compliant. It’s not enough to simply pay employees correctly - employers must also maintain detailed documentation, including pay rates, hours, PTO, deductions, and Social Security numbers — for a minimum of three years to stay compliant with federal regulations. Some states may require even longer retention periods, so it’s important to stay informed about both federal and state laws.
Barrier #2: The Requirements Are Always Changing
Staffing laws and regulations shift over time. Employee classifications evolve, and tax codes change frequently, sometimes with little notice.
For example, the Fair Labor Standards Act (FLSA) outlines who is entitled to overtime. But the criteria are in flux, and state-level laws often differ from federal ones. Staffing agencies must not only determine who qualifies for overtime, but also track criteria across clients if they are in different states.
Rates, deductions, and filing requirements vary by state and are subject to frequent changes. For staffing agencies, staying compliant requires consistently staying informed about evolving regulations to avoid penalties and ensure smooth operations.
Barrier #3: Every State Plays by Different Rules
As if keeping a pulse on federal regulation changes was not enough, each state has its own policies and regulations regarding minimum wage, break requirements, and sick leave laws. Municipalities may also have their own additions, which you need to be aware of if you have employees working in that location. For staffing agencies working across regions, this can get overwhelming, fast.
Take Michigan, for instance. The state’s minimum wage increased on January 1, 2025. Michigan also just passed expanded requirements to its Earned Sick Time Act to cover more employers and allow for fewer exemptions.
Break and sick leave laws can be the most nuanced. Some states require paid rest breaks, others mandate specific sick leave accrual policies. If you're managing timecards across jurisdictions, tracking these differences is vital, as mistakes can be costly.
Conquering Compliance Challenges for a Stronger Future
Staffing agency compliance may be a heavy lift, but when done well, it protects your agency, strengthens your brand, and sets you up for smarter, sustainable growth.
Here are a few ways to get started.
Standardize Your Hiring Process
Start with job descriptions. They should clearly outline essential skills and requirements. Inclusive, accurate descriptions help attract the right candidates while minimizing legal risk.
From there, establish a consistent hiring process. That means standardized screening, structured interviews, and objective decision-making criteria. Avoid ad hoc procedures and subjective selection processes, as these can more easily allow for personal biases. A clear process helps ensure fairness and leads to better hiring decisions.
Formalizing workplace policies that protect employees is also essential. Having clear, written policies on anti-discrimination, harassment, and workplace safety demonstrates your agency’s commitment to responsible practices. Ensure every team member knows where to find them and understands the expectations.
Stay Current on Tax Law
Tax compliance, as with other regulations, can get very complicated; however, staying proactive makes a significant difference.
Start by following reputable news sources. Outlets like Forbes, Bloomberg, and The Wall Street Journal offer timely updates on tax policy changes. Your state’s newspaper of record is also a good source for updates on local policy changes. Consider subscribing to tax-focused newsletters or alerts, so you’re always in the know.
Also, don’t be afraid to lean on the expertise of professionals. A CPA or tax attorney can help you navigate filing requirements, new legislation, and state-specific rules so you’re never caught off guard. Joining professional organizations like the American Institute of Certified Public Accountants (AICPA) and the National Association of Tax Professionals (NATP), can also help you stay informed and connect with other professionals in the field.
Lastly, don’t let detailed recordkeeping slide. Maintain thorough records of tax filings, payments, and deductions. If you’re ever audited, those records will be your first line of defense.
Partner with a back-office solutions provider, like ESSG
Teaming up with a trusted back-office solutions provider can take many of these responsibilities off your plate. At ESSG, we specialize in helping staffing agencies like yours stay compliant, without sacrificing focus on your core business and growth.
We offer proactive compliance management, expert policy and legal support, and comprehensive risk mitigation by:
- Ensuring accurate payroll and tax filing
- Drafting and maintaining anti-discrimination and harassment policies
- Standardizing onboarding and safety training
- Staying ahead of employment law changes
- Ensuring fair and consistent recruitment, hiring, advancement, and termination practices
- Managing employee leave processes
- Mitigating risk at every stage of the employee lifecycle
When you partner with ESSG, compliance and its risks become our responsibility, not yours. We stay current on federal, state, and local requirements for all your business locations, so you don’t have to.
The result? Peace of mind. Fewer risks. And more time to focus on growth. Because growth doesn't have to be a solitary journey.
Let ESSG help you navigate the complexities, stay compliant, and grow your business with confidence. When compliance is under control, your agency is free to reach its full potential. Let’s talk.
About the Author
Chris Levine
Chris Levine has been the CEO of Employer Solutions Staffing Group since it was founded in 2005. He is the primary contact for new business development. Mr. Levine oversees the Company’s strategic direction and coordinates sales efforts, focusing on growth and improving operational efficiencies. He actively manages workers’ compensation risk and claims management. Prior to working at ESSG, he worked in sales with a Fortune 500 car manufacturer. Mr. Levine began his career as a pilot for Alaska Airlines. Mr. Levine holds a degree in Aviation Management from Metropolitan State University.