Employer of Record

Hire in the United States with an Employer of Record

Federal rules set a nationwide baseline for payroll withholding, wage reporting and FMLA leave in the United States, but contract terms, individual termination notice and paid-leave rules beyond that baseline vary by state. Share the role, the employee's residence, regular work location, expected multistate travel or ongoing remote work across state lines, your company's footprint and target start date, and PIO confirms the arrangement before coordinating the hire.

Illustration representing hiring an employee in the United States through PIO's Employer of Record service

What to plan for

Practical points to line up before you hire in the United States.

Federal payroll tax withholding from the first paycheck

Federal income tax withholding, plus Social Security and Medicare tax, generally applies to taxable wages under IRS Circular E rules from the first pay cycle — subject to wage type, worker status and statutory exceptions, not an exceptionless rule for every payroll. This federal baseline applies nationwide regardless of the employee's work state, before any additional state-level withholding.

Source:Publication 15 (Circular E), Employer's Tax Guide

Annual wage reporting to the Social Security Administration

Employers must report each employee's wages to the Social Security Administration and furnish a Form W-2 after the close of the year — a nationwide federal filing obligation that applies on top of any state-level filing.

Source:Employer W-2 Filing Instructions & Information

FMLA leave applies only when coverage thresholds are met

The federal Family and Medical Leave Act offers unpaid, job-protected leave, but only where the employer meets its coverage threshold and the employee meets its own tenure and hours-worked eligibility — it is conditional, not automatic for every U.S. hire.

Source:Family and Medical Leave Act (FMLA)

Paid leave beyond the FMLA floor is set state by state

The federal FMLA guarantees unpaid, job-protected leave when its thresholds are met, but it does not create a right to paid sick leave, paid family leave or extra vacation days — where those exist, they come from state or local law.

Source:Family and Medical Leave Act (FMLA)

What PIO helps coordinate / What you provide

What PIO helps coordinate

Once your hire is confirmed, here's what we help you coordinate.

  • Confirming country availability and the arrangement for your hire
  • Coordinating the information and documents needed for onboarding
  • Confirming how contract, payroll and statutory responsibilities are handled in your arrangement
  • Explaining the process for changes, leave and offboarding

What you provide

You stay in control of the decisions that are yours to make.

  • The role, compensation and any company-specific policies
  • Final approval on the offer and any changes to it
  • A point of contact for escalations during employment

How it works

A straightforward path from sign-up to your employee's first day.

  1. Step 1

    Tell us about the hire

    Share the role, the work location and your target start date, and we'll confirm the available arrangement for that hire.

  2. Step 2

    We coordinate onboarding

    Once confirmed, we help coordinate the information, contract and payroll setup needed within your arrangement.

  3. Step 3

    Your employee starts

    You manage the day-to-day relationship; we help coordinate the recurring administration within your arrangement.

Frequently asked questions

Which federal payroll taxes have to be withheld from a U.S. employee's very first paycheck?

Federal income tax withholding, plus Social Security and Medicare tax, generally applies under IRS Circular E rules from the first pay cycle onward — the exact treatment depends on wage type, worker status and any statutory exceptions, so it isn't a blanket rule for every hire. Depending on the work state, additional state (and sometimes local) withholding can also apply.

Source:Publication 15 (Circular E), Employer's Tax Guide

Does a new U.S. hire automatically qualify for FMLA leave?

Not automatically. The federal Family and Medical Leave Act only applies where the employer meets its coverage threshold and the employee meets its own eligibility requirements around tenure and hours worked — many new hires and many smaller employers fall outside its protections in practice.

Source:Family and Medical Leave Act (FMLA)

What does the employer have to report to the Social Security Administration after hiring someone?

Wages paid to the employee have to be reported to the Social Security Administration, and the employee has to be given a Form W-2 after the year closes — a nationwide federal requirement that applies alongside any state wage-reporting rules.

Source:Employer W-2 Filing Instructions & Information

Is there one nationwide rule for notice periods and final paychecks in the United States?

No. Ordinary individual terminations have no single federal advance-notice rule — but covered mass layoffs and plant closings can trigger the federal WARN Act's notice requirements. Final-pay timing follows a similar split: federal law doesn't require an immediate final paycheck and generally lets it follow the regular payday, while some states do require immediate payment or an earlier deadline.

Source:Worker Adjustment and Retraining Notification (WARN) ActFinal Paycheck Requirements

Can I use PIO to start an EOR hire in the United States without registering my own entity in that state?

Yes — you can start an EOR hire in the United States with PIO. Share the role, the employee's work state and your target start date, and we confirm the available arrangement for that specific hire before onboarding begins.

What information do you need about where our employee works to figure out which state rules apply?

A few details help us scope this correctly: the employee's residence, the state(s) where they'll regularly work, any expected multistate travel or ongoing remote work across state lines, and your company's own footprint in those states. Share those details and we'll confirm the applicable arrangement as part of onboarding, alongside the federal requirements that apply nationwide.

5 official sources

Practical guidance is grounded in these official references, but local law and public requirements can change and should be reconfirmed. Your PIO contract and quote govern only PIO's service scope, terms and fees.

Ready to hire in the United States?

Sign up to start an EOR hire in the United States. Share the role, the work location and your target start date, and we'll confirm the available arrangement — or book a demo first to talk it through with our team.