Exploring the Implications of Misclassification for UK Recruiters Expanding to the US When UK recruiters expand their operations to the US, one of the most critical challenges they face is…
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US Expansion Hub
Are you looking to engage with US clients to source permanent or temporary workers who have the right to work in the US?
We’ve got you covered. Our legal advisors, including our US/UK dual qualified lawyer, have experience in offering advice to recruiters who are looking for new opportunities and considering plans for international growth.
A world of opportunities
The US is an especially attractive market for UK recruiters due to the size of the economy, lucrative margins, talented workforce, and flexible employment regime. That said, the US is also a litigious culture, and it is absolutely essential that UK recruiters ensure that their terms of business are fit for purpose before they engage with their US clients.
Providing your UK terms which refer to Off-Payroll Legislation, the Conduct Regulations or AWR, for example would not make a good first impression as none of this legislation is relevant when placing temporary workers in the US. It is also of crucial importance that the liabilities, indemnities, and choice of law clauses are drafted in a pro-agency manner.
Supporting your US recruitment expansion plans
All of our model contracts include drafting notes and are designed to be used across all 50 states with the caveat that certain clauses may need amending in specific states.
Whilst drafted in a pro-agency manner, the provisions are compliant with both state and federal law and presented in US format and style. The contracts are designed to allocate risk appropriately, to protect your UK business and to allow effective enforcement should the need arise.
Our expert team at WTT Legal can assist recruiters expanding to the US with:
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Terms of business for permanent introductions (Contingent)
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Terms of business for permanent introductions (Retained)
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Terms of business for engaging W-2 temporary workers
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W-2 Undertaking for flowing down client obligations
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Terms of business for engaging Independent Contractors
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Independent Contractor (corp to corp) Agreement
Placing workers in the US
For UK recruiters considering expanding to the US, understanding concepts such as ‘at-will employment’ and the distinctions between W-2 and 1099 workers, is vital for success within America’s job market.
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US incorporation or recruit from afar?
Expanding operations to the US is a strategic move for UK recruitment agencies eyeing the vast talent pool and opportunities within the US job market. But should agencies incorporate and establish an office in the US, or recruit from afar?
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Explore our collection of handy resources and discover how we can assist you in your agency’s expansion efforts.
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Whether you simply have a quick question, or were seeking a more formal conversation to discuss your tax needs, drop your details here and we will be in touch! Alternatively, you can contact us on +44 (0)20 3468 0000.