At will, with fifty rulebooks
Employment Compliance in the United States
US employment is terminable at will in most states, and governed by a different rulebook in each one.
GCC business setup specialists
Federal law is the floor; states build on it
Employment at will means either party can end the relationship without notice or reason, subject to anti-discrimination law and contract. There is no federal entitlement to paid annual leave or sick pay. What complicates it is that states and even cities layer their own requirements on top — paid sick leave, final pay deadlines, non-compete restrictions, pay transparency — so an employer with staff in four states follows four sets of rules.
- Obligations mapped for each state where staff sit
- Work authorisation verification handled correctly
- Documents drafted for at-will employment rather than imported
20+
Mainland, free zone and offshore jurisdictions we file in — so the recommendation is based on your activity, not on which authority we happen to be registered with.
7,000+
Companies successfully established.
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What applies where
Federal floor and state variation
The state layer is where the work is.
| Obligation | Level |
|---|---|
| Employment at will | State doctrine, near-universal with exceptions |
| Work authorisation verification | Federal, for every new hire |
| Minimum wage | Federal floor; many states and cities higher |
| Paid annual leave | No federal entitlement |
| Paid sick leave | State and city requirements in many places |
| Workers’ compensation insurance | State mandated |
Federal employment law, state and local requirements and anti-discrimination rules change, and requirements differ materially between states. Yours are mapped for the states where your staff actually work. We handle US formation and compliance set-up and co-ordinate with US tax, immigration or regulatory counsel where advice is needed. We do not give US tax, immigration or securities advice.
How it works
Getting employment right
Map the states, then paper it.
01
Map the states
Where each employee will actually work, because that state’s rules apply regardless of where the company is formed.
02
Paper the relationship
Offer letters and handbooks drafted for at-will employment and for the specific states involved, not copied from another country.
03
Set up the obligations
Work authorisation verification, payroll registrations, workers’ compensation insurance and any state-mandated leave arrangements.
Before your first hire
What to have in place
Insurance and verification are not optional.
- Offer letter reflecting at-will employment
- Employee handbook for the relevant states
- Work authorisation verification process
- Payroll registration in the employee’s state
- Workers’ compensation insurance in that state
- State and local minimum wage checked
- State paid sick leave requirements checked
- Final pay deadline for that state understood
- Anti-discrimination and harassment policies
- Pay transparency requirements where they apply
- Restrictive covenant enforceability checked by state
- Record retention arrangements
Scope
What is included, and what is not
Stated plainly, so nothing is added once the engagement starts.
Included in the service fee
- State-by-state obligation mapping
- Offer letters and handbook guidance
- Work authorisation verification process set up
- Payroll registration in each employee state
- Workers’ compensation insurance co-ordination
- Guidance on leave and final pay rules by state
- Policy documents
- Co-ordination with US employment counsel where needed
Not included, quoted separately
- Insurance premiums
- Government fees, paid at cost
- US employment law advice and litigation
- Handbook drafting by counsel for complex multi-state cases
- Benefit plan design and administration
- Recruitment
- Training programmes
- Payroll processing unless quoted
Verify independently
Relevant US authorities
We file directly with these bodies on your behalf.
United States Patent and Trademark OfficeUS Citizenship and Immigration ServicesInternal Revenue ServiceState labour and revenue departmentsFinancial Crimes Enforcement NetworkState financial regulators
Questions
US employment compliance — FAQs
What does employment at will mean?
That either party can end the employment without notice or cause, subject to anti-discrimination law and any contract. It is very different from statutory notice regimes elsewhere.
Is there a federal right to paid holiday?
No. There is no federal entitlement to paid annual leave or sick pay, though many states and cities now mandate paid sick leave.
Why does the employee’s state matter so much?
Because that state’s employment rules apply to them. Staff in four states means four sets of rules regardless of where the company is formed.
Is workers’ compensation insurance mandatory?
In practice yes, state by state, and operating without it where required carries serious consequences. It is one of the first things to arrange.
Are non-compete clauses enforceable?
It depends entirely on the state, and some restrict or prohibit them. A clause that works in one state may be void in another.
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