🇺🇸 HR Compliance in
United States
Employment contract requirements, working time rules, data protection, discrimination law and health and safety obligations for employers in United States.
Working Time Rules — United States
Standard Weekly Hours
40 hrs
Max Weekly Hours
—
Overtime Rate
1.5× standard rate
HR Compliance Areas — United States
Employment contracts
All employees in United States must have a written employment contract issued before or on the first day of work. It must cover role, salary, working hours, notice period, and leave entitlements.
Working time regulations
United States law governs maximum working hours, mandatory rest breaks, and overtime rules. Employers must keep accurate records of hours worked. Violations can result in significant fines.
Anti-discrimination obligations
Employers in United States are prohibited from discriminating on grounds including age, gender, race, religion, disability, and sexual orientation. This applies to recruitment, pay, promotion, and termination.
Data protection and employee privacy
Employee personal data must be handled in accordance with United States data protection law. This includes payroll data, health records, and performance data. Employees have the right to access their personal data.
Health and safety
Employers in United States have a statutory duty of care to provide a safe working environment. Risk assessments must be conducted and documented. Employees must be trained in relevant health and safety procedures.
Record keeping
United States law requires employers to retain employment records for a minimum statutory period including contracts, payslips, absence records, and disciplinary records.
Health Insurance Schemes — United States
Public and private health insurance schemes applicable to employers and employees in United States.
ACA Employer-Sponsored Health Insurance (ESI)
Private — MandatoryMandatoryEmployer Cost
Varies / See notes
Employee Cost
Varies / See notes
Applies Above
50+ employees
Under the Affordable Care Act (ACA), Applicable Large Employers (ALEs) with 50+ FTE employees must offer minimum essential health coverage to full-time employees or face penalties (employer mandate). Employer typically contributes 70-80% of premium. Average employer cost is approximately $7,000/year for single coverage and $20,000/year for family coverage (2024 KFF survey).
Opt-out: Applicable Large Employers (ALEs) with 50+ full-time equivalent employees must offer minimum essential coverage. Smaller employers are exempt but may offer coverage voluntarily.
Medicare (Public Program)
PublicMandatoryEmployer Cost
1.45% of salary
Employee Cost
1.45% of salary
Federal public health insurance for employees aged 65+ and certain disabled individuals. Funded via Medicare payroll tax of 1.45% paid by both employer and employee on all wages (no ceiling). Employers must withhold and match the Medicare tax. An additional 0.9% applies on employee wages above $200,000 (employer does not match).
Record Retention Requirements — United States
Mandatory record keeping periods for employers in United States.
| Record Type | Retention | Basis | Digital OK | Regulator |
|---|---|---|---|---|
OSHA safety records Fines up to USD 156,259 per wilful violation | 5 years | From document date | Yes | Occupational Safety and Health Administration (OSHA) ↗ |
Tax records (IRS) Tax penalties up to 25% of unpaid tax plus interest | 4 years | From end of tax year | Yes | Internal Revenue Service (IRS) ↗ |
Payroll records (FLSA) Civil penalties up to USD 10,000 per violation | 3 years | From document date | Yes | Department of Labor (DOL) — Wage and Hour Division ↗ |
I-9 employment eligibility records Civil fines USD 272-2,701 per Form I-9 violation | 3 years | From termination | Yes | US Citizenship and Immigration Services (USCIS) ↗ |
Remote Work Rules — United States
Permanent establishment risk, tax thresholds, and digital nomad visa information for United States.
PE Risk Threshold
183 days
Tax Liability After
183 days
Work Permit After
1 days
Digital Nomad Visa
Not available
Social Security Implications
The US taxes citizens and permanent residents on worldwide income regardless of residence — one of only two countries to do so (with Eritrea). Foreign nationals working remotely in the US must have valid work authorisation. Social Security taxes apply to all wages paid in the US unless a totalisation agreement exempts them. FICA applies from the first day of US employment.
Bilateral Agreements
The US does not currently offer a dedicated digital nomad visa. Various visa categories (B-1 business visitor, O-1 extraordinary ability, E-2 treaty investor) are used by remote workers, though B-1 does not technically permit remote work for a foreign employer while in the US. The Foreign Earned Income Exclusion (FEIE) allows US citizens abroad to exclude up to USD 126,500 (2024) of foreign earned income. State income taxes vary significantly — some states have no income tax.
Expense Reimbursement Rules — United States
Tax treatment of common employer expense reimbursements in United States.
| Expense Type | Tax Treatment | Exempt Amount / Rate | Receipts |
|---|---|---|---|
Home office expense reimbursement Under an accountable plan (IRC Sec. 62(a)(2)(A)), employer reimbursements for home office expenses (internet, equipment, office supplies) are excluded from employee income and not subject to FICA. The home office deduction for employees was eliminated by the TCJA (2017) for tax years 2018-2025, but employer reimbursements remain excludable. | Fully Exempt | — | Required |
Meal allowance / Per diem (GSA rates) GSA (General Services Administration) per diem rates for domestic travel vary by location — standard rate is USD 166/day (lodging USD 107, meals and incidentals USD 59) for 2024. IRS allows employers to use GSA rates as a safe harbour — reimbursements within GSA rates are excluded from income under an accountable plan. | Fully Exempt | — | Not required |
Mileage / IRS standard mileage rate IRS standard mileage rate for business use is USD 0.67 per mile (2024). Reimbursements at or below the IRS rate are excluded from employee income and not subject to FICA. Above the rate, the excess is taxable wages. An accountable plan is required — employees must substantiate business purpose, date, and destination. | Fully Exempt | USD 0.67/km | Not required |
Professional development / education assistance Under IRC Section 127, employer-provided educational assistance up to USD 5,250 per year is excluded from employee income and exempt from FICA. Covers tuition, books, and fees for undergraduate and graduate courses — the education does not need to be work-related. Amount above USD 5,250 is taxable. | Fully Exempt | USD 5250 | Not required |
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This guide is for informational purposes only and does not constitute legal advice. Employment law in United States is subject to change. Always consult a qualified local employment lawyer.
About This Guide
- ✓ Sourced from official government publications
- ✓ Updated monthly — always current rules
- ✓ For guidance only — not legal advice
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