an employee has implications in state and federal tax and employment laws 3. states may be required based on the amount of business performed in a given stateĮ) Classification of individuals as an independent contractor vs.
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Identifying Employees and Other Service ProvidersĪ) In what states will the employees and other service providers workī) Who will be responsible for hiring, firing and employee oversightĬ) Development of policies/procedures/practicesĭ) Registration to do business in U.S. entity, a professional employer organization, or some other agency, including whether a new entity may need to be created to accomplish your business goals. Identify the employer organization, whether it will be a subsidiary or related U.S.
This checklist will guide your company through a multitude of considerations, including identifying essential parties, processes and compliance concerns in employee and benefits. The below checklist should be considered a starting point, but by no means is a complete, exhaustive list of everything your company will need to undertake. State and local laws applicable to the places where the business is located or where the employees reside also can come into play.
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On the federal side, tax laws under the Internal Revenue Code (IRC), laws governing employee benefit plans under the Employee Retirement Income Security Act of 1974 (ERISA) and employment discrimination laws are a few of the areas to be considered. There are many laws that apply to the areas of employment and employee benefits. This alert endeavors to simplify those complex rules and regulations in the fields of employment, employee benefits and executive compensation law. Expanding your international business into the United States is an exciting but sometimes daunting venture when it comes to the myriad rules and regulations at play governing employees and benefits.