Table of Contents
Introduction
Key Considerations for Employing in the US
Benefits
Employment Contracts
Onboarding
Leaves
Payroll & Taxes
Termination Process
Invoice Schedule
Get Started with Omnipresent
1. Introduction
Hiring employees in the United States can be simple and compliant with Omnipresent’s Employer of Record (EOR) service. We provide payroll, benefits, and HR support to ensure a seamless hiring experience.
This guide focuses on federal regulations. State-specific requirements may vary, particularly in states like California and New York, which have stricter employer regulations.
2. Key Considerations for Employing in the US
Currency: United States Dollar (USD, $)
Language: English
Employer Costs: Average (~12% of salary)
Termination Complexity: Simple (At-Will Employment)
Onboarding Timeline: Approximately 13 calendar days
Payroll Frequency: Semi-monthly (15th & last day of the month)
3. Benefits
Types of Benefits Offered
Mandatory Benefits: Public healthcare (Medicare, ACA-compliant health plans), social security, workers’ compensation.
Supplementary Benefits: Private healthcare, dental & vision insurance, life & disability insurance, 401K retirement plans, employee assistance programs.
Healthcare
Public healthcare is funded through employer and employee Medicare contributions.
Private healthcare is a standard employer-provided benefit.
Retirement
Social Security (OASDI program) is mandatory.
Employers typically offer 401K retirement plans, though employer contributions are not required.
4. Employment Contracts
Contract Types
Indefinite-term contracts (Salaried employees only)
Part-time contracts
Fixed-term contracts are not available due to at-will employment.
Requirements
Written employment agreements are standard but not legally required for at-will employees.
Language: English
Signature Requirements: Digital
Backdating: Not permitted under Omnipresent’s policy.
Probation Period
Not necessary due to at-will employment.
Probationary periods may conflict with at-will employment laws.
Contract Customisation
Optional clauses for customization, such as unlimited PTO or extra-legal sick days.
Certain contract elements (e.g., restrictive covenants, overtime pay) cannot be modified due to legal restrictions.
5. Onboarding
Timeline
The onboarding process in the US typically takes 13 calendar days, including:
Platform Setup
Right-to-Work Check
Employment Contract Processing
Benefits & Payroll Enrollment
Registration & Approvals
Employers must report new hires within a few days to state agencies.
Immigration & Visas
Omnipresent does not sponsor visas in the US.
Employees must hold valid work authorization (e.g., Green Card, TN Visa, EAD, H-1B, or other valid non-employer-dependent work visas).
Right-to-Work Verification
Employers and employees must complete Form I-9 as part of employment eligibility verification.
Employee Transfers from Another EOR
If an employee has worked under another EOR, their seniority can be recognized in the contract.
6. Leaves
Leave Entitlements
No federal law mandates paid vacation leave.
Employers may provide unlimited PTO or set custom leave policies.
Annual Leave Carryover
Max carryover: 240 hours, except in states where mandatory vacation payout is required.
Maternity, Paternity & Adoption Leave
No federally mandated paid parental leave.
The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave for eligible employees.
Some states (e.g., California, New York) mandate paid leave.
Public Holidays (11 Federal Days)
New Year’s Day, Martin Luther King Jr. Day, Washington’s Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day.
Sick Leave
No federal requirement for paid sick leave.
Some states require mandatory paid sick leave policies.
7. Payroll & Taxes
Payroll Cycle
Frequency: Semi-monthly (15th & last day of the month)
Cut-off Date: 6th of each month (changes must be submitted by this date).
Payment Date: Last working day of the month.
Compensation
No mandatory extra payments (e.g., 13th-month salary).
Bonuses & commissions are allowed and taxed as salary.
Hourly Wage Employees: Omnipresent does not support hourly wages.
Standard Work Schedule
40 hours per week, Monday-Friday.
Overtime pay applies only to non-exempt employees.
Employer Costs
Estimated 12% of salary. Use the OmniCalculator for a detailed breakdown.
8. Termination Process
At-Will Employment
Employers can terminate employees at any time, for any legal reason, with or without notice.
Exceptions:
Montana (requires valid cause post-probation).
Discrimination & retaliation claims.
Notice Period
No legally required notice period.
Mass layoffs require Worker Adjustment and Retraining Notification (WARN) Act compliance.
Severance Pay
No statutory right to severance.
Some employers provide severance based on company policies or contracts.
9. Invoice Schedule
Initial Fees
Setup Fees: Due upon signing Terms.
Deposit: Payable when the local employment contract is ready for signature.
First Salary Prepayment: Invoiced on the first day of employment.
Ongoing Monthly Payments
Labour costs invoiced monthly in arrears after final payroll calculations.
Each invoice includes:
Monthly service fee
Deposit insurance (if applicable)
FX fee (if applicable)
10. Get Started with Omnipresent
We simplify international hiring, legal compliance, payroll, benefits, and more. Contact us to start your journey towards hassle-free global employment.