Hiring and paying employees in the United States can be a complex process due to its multifaceted legal, tax, and benefits systems. This guide provides a detailed roadmap for international businesses looking to onboard and compensate employees in the US while ensuring compliance with local laws.
Key considerations when hiring in the US
1. Understanding employment classifications
Employees in the US are broadly classified as:
- Exempt employees: Not entitled to overtime pay; typically salaried professionals, managers, or executives.
- Non-exempt employees: Entitled to overtime pay for hours worked beyond 40 per week under the Fair Labor Standards Act (FLSA).
- Independent contractors: Not employees; paid based on contracts without benefits or tax withholdings.
2. At-will employment
The US generally follows an “at-will” employment model, meaning employers or employees can terminate employment at any time for any reason (except those protected by anti-discrimination laws). Employment contracts can modify this arrangement.
3. Compliance with anti-discrimination laws
Employers must comply with federal laws such as:
- Title VII of the Civil Rights Act
- Americans with Disabilities Act (ADA)
- Age Discrimination in Employment Act (ADEA)
State laws may impose additional protections.
Steps to hire an employee in the US
1. Obtain an Employer Identification Number (EIN)
An EIN from the IRS is necessary for hiring employees and filing payroll taxes. This is equivalent to a business tax ID.
2. Register with state labour and tax authorities
Employers must register in each state where they have employees to manage state income tax withholdings and unemployment insurance.
3. Create compliant job descriptions and contracts
Job descriptions must reflect the role’s requirements and not include language that violates discrimination laws. Written employment agreements, though not always mandatory, help clarify terms of employment.
4. Verify the employee’s eligibility to work
Complete Form I-9 and verify the employee’s identity and right to work using documents like a passport or green card. Employers may use the E-Verify system for additional validation.
5. Report new hires
Report new hires to the state’s New Hire Reporting Program for child support compliance and other state requirements.
Payroll process in the US
1. Setting up payroll
- Decide on a pay frequency: Options include weekly, biweekly, semimonthly, or monthly, depending on state laws.
- Choose a payroll system: Options range from in-house software to outsourced payroll providers like ADP, Gusto, or Paychex.
2. Withholding taxes
Employers must withhold and remit federal income taxes, Social Security (6.2%), Medicare (1.45%), and federal unemployment taxes. State and local income taxes may also apply.
3. Issuing pay and pay stubs
- Pay must be issued through cheque, direct deposit, or payroll cards.
- Pay stubs must detail hours worked, pay rate, tax withholdings, and deductions (varies by state).
4. Filing and reporting taxes
Employers must file quarterly reports (Form 941) to the IRS and issue annual W-2 forms to employees by January 31st.
Benefits in the US
1. Statutory benefits
Employers are required to provide:
- Social Security and Medicare contributions.
- Unemployment insurance.
- Workers’ compensation insurance (state-specific requirements).
2. Common voluntary benefits
Many employers offer additional benefits to remain competitive:
- Health insurance: Often required for businesses with 50+ employees under the Affordable Care Act (ACA).
- Retirement plans: Common options include 401(k) plans with or without employer matching.
- Paid time off (PTO): Includes holidays, vacation, and sick leave, though not federally mandated.
- Parental leave: Some states, such as California and New York, have paid family leave laws.
Understanding employment law in the US
1. Wage and hour laws
- Federal minimum wage: $7.25/hour (states may set higher minimum wages).
- Overtime pay: Time and a half for hours over 40/week for non-exempt employees.
2. Leave policies
While there is no federal law mandating paid leave, the Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave for eligible employees.
3. Workplace safety
The Occupational Safety and Health Administration (OSHA) enforces standards to ensure safe working conditions.
4. Termination rules
- Provide the final paycheck promptly, as state laws may dictate specific timelines.
- Avoid termination for discriminatory or retaliatory reasons.
Cost breakdown – Hiring in the US
The costs of hiring an employee in the US include:
- Base salary: Varies by role, industry, and location.
- Payroll taxes: ~7.65% of wages (Social Security and Medicare) + federal and state unemployment taxes.
- Benefits: Health insurance and retirement plans can add 30%-40% of base salary.
- Recruitment and onboarding: Advertising, background checks, and training costs.
Outsourcing or payroll software
Many international businesses rely on payroll and HR platforms to streamline compliance and manage complexities. Another popular option is outsourcing to an international payroll services provider.
Tips for successful USA hiring and payroll management
- Engage local experts: Consult HR professionals or legal advisors with expertise in US employment law.
- Use compliant systems: Ensure payroll systems meet state-specific requirements.
- Stay updated: Employment laws and tax rates change frequently; stay informed.
FAQ
Yes, but you must register your company to do business in the US or work with an Employer of Record (EOR). This ensures compliance with US labour laws, tax requirements, and payroll obligations.
An EOR is a third-party organisation that acts as the legal employer of your US-based staff. They handle payroll, tax withholdings, benefits, and compliance, allowing you to focus on managing your workforce.
If your business employs 50 or more full-time equivalents (FTEs), you must provide health insurance under the Affordable Care Act (ACA). For smaller businesses, offering health insurance is optional but can help attract talent.
No, payroll requirements differ by state. For example, minimum wages, tax rates, and rules for pay frequency vary. Employers must also comply with local laws in cities with additional regulations.
While there is no federal mandate for paid leave, states like California, New York, and Massachusetts require paid sick or family leave. Check the laws of the specific state where your employee is located.
FICA (Federal Insurance Contributions Act) taxes fund Social Security and Medicare. Employers and employees each contribute 6.2% for Social Security and 1.45% for Medicare, totalling 15.3%.
Misclassifying workers can result in significant penalties, back taxes, and legal consequences. Ensure you use IRS guidelines to determine the correct classification or consult with a legal expert.
No, employees working in the US must be paid in US dollars unless using a specialised EOR or global payroll provider with compliant currency exchange options.
While the “at-will” employment principle applies in most cases, termination must not violate anti-discrimination laws or retaliatory protections. Provide final pay according to state timelines and consider offering severance if appropriate.
Yes, taxes must be filed in the state where the employee performs their work, regardless of your company’s physical location. Each state has its own registration and tax withholding rules.
It’s advisable to audit payroll at least annually to ensure compliance with tax laws, avoid errors, and identify discrepancies. Audits are particularly important if you operate in multiple states or use third-party payroll services.
Penalties vary by violation but can include fines, back pay to employees, and legal costs. Examples include fines for failing to meet wage laws, misclassifying workers, or not providing required benefits.
Yes, but this requires a clear plan that complies with US tax regulations. Work with a legal or financial advisor to design a compliant equity compensation programme.
Respond promptly by reviewing the claim, gathering relevant documentation, and cooperating fully with the investigation. Consult with legal counsel to ensure you handle the matter appropriately.
Subscribe to updates from the US Department of Labor, the Internal Revenue Service (IRS), and state labour boards. Alternatively, partner with a professional employer organisation (PEO) or payroll provider that monitors compliance for you.