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Placing Workers (Temp or Perm) in the US

Placing Workers (Temp or Perm) in the US: What UK Recruiters Need to Know

The global workforce is becoming increasingly more agile, with many businesses seeking to tap into international talent by placing employees and workers within the United States. For UK recruiters, expanding their horizons to include overseas placements presents a world of opportunities, but also, a series of challenges. This is clearly starting to be seen with a high increase in demand for UK recruitment agencies expanding into the US. In this blog, we’ll explore what UK recruiters need to know when placing employees and workers in the US.

US Employment Laws and Regulations

The US has a complex web of federal and state employment laws that vary from state to state. UK recruiters must adapt to the specific regulations governing employment contracts, working hours, leave (“vacation”) policies, and more.

It’s also important to note that the US enforces strict anti-discrimination laws. These prohibit bias in hiring and employment based on factors such as race, religion, gender, age, and disability. It is vital to ensure that your recruitment and employment practices adhere to these laws.

US Contractual Agreements

Drafting contracts and legal agreements that align with US laws and regulations is a fundamental step. Contracts must, amongst other things, comply with federal and state law, correct terminology and spelling should be used (i.e. “resume” not “CV”), indemnities and liabilities need to be prominent, and the dispute resolution provisions need to be enforceable and in accordance with the international nature of the agreement if a UK entity is engaging with a US entity. Sending US clients your standard UK terms will not make a lot of sense to them as many of the provisions will be irrelevant.

Cultural Awareness

Understanding the cultural norms and business practices is crucial. These cultural considerations can significantly impact the contractor’s experience and moreover, your agency’s reputation.

Insurance Coverage

Contractors working abroad should have adequate insurance coverage. Recruiters should explore insurance options that provide comprehensive coverage, including health insurance, liability insurance, and workers’ compensation and should include worldwide jurisdiction and worldwide territory.

A world of new opportunities

Placing employees and workers overseas offers exciting opportunities for UK recruiters and access to a global talent pool. However, it also brings a complex set of challenges related to legal, tax, cultural, and compliance issues. Successful overseas placements require thorough planning, careful consideration of legal and tax requirements, and ongoing support for temporary workers engaged with US client. By staying informed and partnering with experts in international recruitment UK recruiters can navigate the complexities of US placements and expand their reach in the global talent market.

We can help

WTT Legal has extensive experience in both the UK and US recruitment market. As an APSCO Trusted Partner, we are well placed to advise on transacting business in the US and using your UK entity to engage with US clients.

For more information on US expansion, get in touch to arrange a free legal consultation with our specialist advisors. Email us at info@wttlegal.co.uk or call us on +44 (0)20 3468 0000 for more information.

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