Overview of U.S. Employment Law for International Employers

This guide is a non-comprehensive overview of employment laws in the United States for international employers.  We hope that it will assist employers that already employ individuals in the U.S. and employers that are considering becoming operational in the U.S. in better understanding U.S. employment laws and practices.

Generally speaking, what differentiates U.S. employment law from that of other countries is that the U.S. has very few legally required benefits that an employer must offer its employees.  Although it can differ state by state, things that are legally required and commonplace in other countries—such as paid holiday, paid leave, and mandatory severance benefits—are generally not legally required in the United States.  Instead, most benefits offered by employers are considered gratuitous and used as tools to recruit and retain employees.  This has led employers to be creative in their benefit offerings, including the use of “unlimited” vacation policies, fully remote work, egg freezing or fertility stipends, and the like.