US Hiring Guide

Hire in the United States compliantly. Navigate 50-state payroll tax variation, at-will employment that still carries wrongful termination risk, no federal paid leave mandate and an ACA health insurance obligation that adds $6,000-$15,000 per employee per year.

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Capital

Washington

Language

English

Average Salary

$5,200

Payroll Cycle

Bi-weekly

Employer Cost

10-30%

Paid Leave

No mandate

Public Holidays

11 days

Tax Rates

10-37%

United States

US Guides

Hiring guides covering regulations, contributions and costs when you hire in the United States. Updated for 2026.

ASO vs. PEO: What’s the Difference?

ASO vs PEO: What’s the difference? While both outsource HR and payroll functions, a PEO operates as a co-employer sharing liability, whereas an ASO provides administrative services only. This guide explains key differences in cost, risk, benefits access, and flexibility.

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Minimum Wage in the United States 2026: All Rates Explained

The federal minimum wage in the United States is $7.25 per hour in 2026, unchanged since 2009, but 30 states and DC set higher rates ranging from $17.95 in Washington DC down to the federal floor. This complete guide covers federal and state rates, city ordinances, tipped employee rules, federal contractor minimums, overtime requirements, exempt salary thresholds, and penalties for non-compliance in 2026.

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Fair Labor Standards Act (FLSA) 2026: Complete Guide

The Fair Labor Standards Act (FLSA) is the US federal law that sets minimum wage, overtime pay, recordkeeping, and child labor standards for most American workers. This 2026 guide covers federal minimum wage ($7.25), overtime rules, the $684 exempt salary threshold, the 2024 independent contractor rule, child labor provisions, recordkeeping requirements, penalties for violations, and what international employers need to know.

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NYC Local Law 144: AEDT Bias Audit Requirements (2026)

NYC Local Law 144 (the AEDT Law) requires employers using Automated Employment Decision Tools to evaluate NYC-resident candidates to commission an annual bias audit by an independent auditor, publicly post a summary of the results, and provide at least 10 business days' notice to candidates before the AEDT is used. This 2026 guide covers AEDT scope, the bias audit math (selection rates, impact ratios, the EEOC four-fifths rule), the December 2025 Comptroller audit and its 2026 enforcement consequences, candidate notice requirements, penalties up to $1,500 per day, a 7-step compliance checklist, and how Local Law 144 compares to Illinois, Colorado, and the EU AI Act.

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Best Employer of Record in the United States

The United States is the only major economy with no federal paid leave, no universal health coverage, and 50 separate state employment law regimes. An EOR must manage FICA withholding, FUTA/SUTA unemployment taxes, ACA-compliant health insurance, workers’ compensation across every state, and at-will termination with wrongful dismissal exposure.

Our assessment of EOR providers for the United States evaluates multi-state payroll accuracy, ACA compliance, workers’ comp coverage and state-specific paid leave programme administration.

Best EORs in the United States
unite states grand canyon view

Before You Hire in the US

  • Employer FICA is 7.65% (6.2% Social Security + 1.45% Medicare). The Social Security wage base for 2026 is $184,500. Medicare has no cap. Employees earning above $200,000 pay an additional 0.9% Medicare tax (no employer match).
  • Federal minimum wage is $7.25/hour, unchanged since 2009. 30+ states and many cities set higher minimums. California, Washington and New York exceed $16/hour. Always check the state and local rate, not just federal.
  • There is no federal mandate for paid vacation, sick leave or parental leave. FMLA provides 12 weeks of unpaid, job-protected leave for employers with 50+ employees. 13 states plus DC now have mandatory paid family and medical leave programmes with employer contributions.
  • At-will employment applies in 49 states. Either party can end the relationship at any time, for any lawful reason, without notice. Montana is the only exception. At-will does not mean zero risk: wrongful termination, discrimination and retaliation claims are common.
  • ACA requires health insurance for employers with 50+ FTEs. Non-compliance penalties are approximately $2,900 per full-time employee (2026) if no coverage is offered. Employer-sponsored health insurance typically costs $7,000-$15,000/year per employee.

Why hire in the United States

The world's largest talent market

The US has 160+ million workers, the world's deepest capital markets, and dominates tech, biotech, finance and professional services. Companies that hire in the United States access the broadest range of skills and specializations available anywhere.

Innovation and IP ecosystem

More Fortune 500 headquarters, venture capital, and patent filings than any other country. Hiring in the United States gives you proximity to customers, partners and investors in the world's largest economy.

Flexible employment framework

At-will employment, no mandatory severance, no statutory notice period (except WARN Act for mass layoffs). The US offers employers more flexibility to scale up and down than almost any European market.

English-speaking, USD-denominated

No language barrier, no currency conversion. For companies headquartered in English-speaking markets, the United States eliminates the friction that comes with hiring in non-English jurisdictions.

Key Employment Facts

When you hire in the United States, the absence of federal mandates for paid leave, sick pay and health insurance creates a system where benefits are largely employer-defined. This makes hiring in the US uniquely flexible but also uniquely complex, as state laws fill the gaps with varying requirements.

Key Employment Facts
Federal Minimum Wage $7.25/hour (unchanged since 2009; 30+ states set higher rates)
Probation Period No statutory concept (at-will employment)
Standard Working Hours 40 hours/week (overtime at 1.5x after 40 hours under FLSA)
Paid Annual Leave No federal mandate (average: 10-15 days by employer policy)
Notice Period No federal requirement (WARN Act: 60 days for mass layoffs of 100+)
13th Salary Not statutory
Sick Leave No federal mandate (15+ states and many cities require paid sick leave)
Maternity Leave FMLA: 12 weeks unpaid (employers with 50+ employees); 13 states + DC have paid programmes
Paternity Leave Same FMLA entitlement as maternity (12 weeks unpaid); paid in states with PFML

Good to Know: The United States is the only OECD country with no federal paid maternity leave. In practice, competitive employers offer 10-20 days PTO, employer-sponsored health insurance, 401(k) retirement plans with employer match (typically 3-6% of salary), and short/long-term disability insurance. These voluntary benefits add 20-30% to base salary cost and are expected by professional workers. States with mandatory paid family and medical leave include California, New York, New Jersey, Massachusetts, Washington, Connecticut, Oregon, Colorado, Maryland, Delaware, Minnesota, Maine, Rhode Island and the District of Columbia. Each has different contribution rates, benefit durations and eligibility rules.

What to Watch When Hiring in the United States

50-state compliance is the real challenge

Every state has its own income tax rate (0-13.3%), unemployment insurance system, workers' comp requirements, paid leave laws and employment regulations. An employee in California and an employee in Texas operate under fundamentally different rules. Multi-state payroll is where most employers trip up.

Worker classification carries IRS scrutiny

Misclassifying an employee as an independent contractor (1099) triggers back taxes, penalties and interest from the IRS, plus potential state-level claims. The IRS uses a multi-factor test and the DOL has tightened its interpretation. States like California (AB 5) apply even stricter tests.

Health insurance costs are substantial

Employer-sponsored health insurance is the primary way Americans access healthcare. Average employer premium contribution is ~$7,000/year for single coverage and ~$15,000/year for family coverage. This is not optional for competitive hiring: 92% of full-time workers at firms with 50+ employees have access to employer health plans.

Termination in an at-will state still carries risk

At-will employment does not mean risk-free termination. Federal anti-discrimination laws (Title VII, ADA, ADEA), state equivalents, whistleblower protections and implied contract claims all create exposure. Document performance issues and consult counsel before terminating.

Employer Costs and Employee Taxes in the United States

When you hire in the United States, mandatory employer payroll taxes (FICA + FUTA + SUTA) add approximately 10-12% to base salary. With health insurance, 401(k) match and other benefits, total employer cost typically reaches 1.25-1.40x gross salary.

Employer Contributions (2026)
Contribution Employer Rate
Social Security (OASDI) 6.2% on earnings up to $184,500
Medicare 1.45% (no wage cap)
FUTA (federal unemployment) 0.6% on first $7,000 (after 5.4% state credit)
SUTA (state unemployment) Varies by state and experience rating (0.1-12%+)
Workers’ compensation Varies by state and industry ($0.50-$5+ per $100 payroll)
ACA health insurance (50+ FTEs) ~$7,000-15,000/year per employee
Total Mandatory Payroll Taxes ~10-12% (before benefits)
Employee Taxes (2026)
Tax / Contribution Employee Rate
Federal income tax 10-37% (7 brackets, progressive)
Social Security 6.2% on earnings up to $184,500
Medicare 1.45% (+ 0.9% on earnings above $200,000)
State income tax 0-13.3% (9 states have no income tax)
State disability/PFML (where applicable) Varies by state
Total Federal Payroll (employee share) 7.65% + federal income tax

Good to Know: Hiring in the United States looks cheap on mandatory payroll taxes (7.65% FICA employer share) compared to European countries at 20-40%. But that is misleading. A competitive US employer offering health insurance, 401(k) match, PTO and disability insurance spends 1.30-1.40x base salary in total compensation cost. For an employee earning $80,000/year: $6,120 in FICA, ~$42 in FUTA, ~$300 in SUTA, ~$8,000 in health insurance, ~$3,200 in 401(k) match (4%), ~$1,500 in workers’ comp and other benefits = roughly $99,000-$102,000 total cost (1.25-1.28x). The key difference from Europe: these benefits are voluntary (except FICA and workers’ comp) but functionally mandatory for hiring professional talent. No health insurance and no 401(k) match makes you uncompetitive for any role paying above $50,000.

Public Holidays in the United States (2026)

The United States has 11 federal holidays. Private sector employers are not legally required to give any of them off. Most professional employers observe 6-10. Federal, state and bank employees generally receive all 11.

Date

Holiday

January 1

New Year’s Day

January 19

Martin Luther King Jr. Day

February 16

Presidents’ Day

May 25

Memorial Day

June 19

Juneteenth

July 3 (observed)

Independence Day (July 4 is Saturday)

September 7

Labor Day

October 12

Columbus Day

November 11

Veterans Day

November 26

Thanksgiving Day

December 25

Christmas Day

Good to Know: Private sector employers are under no federal obligation to provide any paid holidays. In practice, most employers observe at least 6 core holidays (New Year’s, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas). Juneteenth was added as a federal holiday in 2021 and adoption by private employers is growing but not universal. Columbus Day is increasingly replaced by Indigenous Peoples’ Day by some employers and state governments. When a holiday falls on Saturday, the preceding Friday is typically observed; when it falls on Sunday, the following Monday is observed. In 2026, July 4 falls on Saturday, so Friday July 3 is the observed day off.

Review providers in the United States

Multiplier
Multiplier

4.5 / 5.0

Deel
Deel

4.5 / 5.0

G-P
G-P

3.8 / 5.0

Lano
Lano

4.2 / 5.0

GoGlobal
GoGlobal

3.9 / 5.0