🇺🇸

Onboarding US Companies

Standardized onboarding workflow for US-based entities — Federal & State compliance, tax withholding, At-Will employment protocols, and benefits administration.

Covers: Form I-9 · W-4 · FLSA · FICA · FUTA/SUTA · At-Will Employment · EEO · 401(k) · ACA · COBRA · FMLA · State Leave Laws

🌐 How HRSanad Supports US Companies

HRSanad's multi-tenant architecture allows each company to be configured independently. US companies require a distinct set of settings from the UAE default — different currency, calendar fiscal year, no gratuity, FICA-based payroll taxes, and a benefits-heavy compensation structure.

💵
Currency = USD

Set payroll_currency = 'USD' on the company record. All payslips and JV exports use $.

📅
Fiscal Year = January–December

Set fiscal_year_start = 1. US tax year is January 1 – December 31 (same as the system default).

🗺️
Country Code = US

Set country_code = 'US'. This identifies the tenant as a US entity for rule application and reporting.

UAE defaults vs US requirements — key differences

Setting
🇦🇪 UAE Default
🇺🇸 US Setup
Currency
AED (dirham)
USD ($)
Fiscal Year
Jan – Dec (same)
Jan – Dec (same)
Pay Frequency
Monthly
Biweekly (26×/yr) or Semi-monthly (24×/yr); weekly for hourly
Statutory Gratuity
Yes — 21/30 days per year
None — no statutory end-of-service gratuity. Severance is discretionary.
Wage Protection
WPS (SIF file) mandatory
No WPS — use JV export + ACH/Direct Deposit bank file
Income Tax
Zero — no income tax
Federal income tax (W-4) + State income tax (most states)
Social Insurance
None
FICA: Social Security 6.2% + Medicare 1.45% (employee & employer each)
Unemployment Tax
None
FUTA 6% (employer, first $7,000) + SUTA (state rate varies)
Leave Entitlement
30 calendar days annual (UAE law)
No federal mandatory paid leave (PTO is company policy); FMLA = 12 weeks unpaid
Overtime Rule
1.5× weekdays, 2× holidays
FLSA: 1.5× for non-exempt employees after 40 hrs/week
Health Insurance
Not statutory
ACA: mandatory for employers with 50+ FTEs (Applicable Large Employers)
Employment Type
Contract-based
At-Will Employment (default in most states)
Eligibility Verification
Work permit / visa
Form I-9 (Employment Eligibility Verification) — mandatory for all hires

📋 Pre-Employment Compliance

Before a new employee's first day of work, several federal and state compliance steps must be completed. These are non-negotiable legal requirements — failure to comply carries penalties.

Form I-9
Employment Eligibility Verification

What it is: Required by the Immigration Reform and Control Act (IRCA). Every employer must verify that every employee hired after November 6, 1986 is legally authorized to work in the United States.

Who completes it: Employee fills out Section 1 (personal info, attestation of work authorization). Employer fills out Section 2 (document review and verification) within 3 business days of the first day of employment.

I-9 Acceptable Documents

  • List A (establishes both identity & work authorization): US Passport, Permanent Resident Card (Green Card), Employment Authorization Document (EAD)
  • List B + C combined: Driver's license (identity) + Social Security card (work authorization)

Never accept expired documents. Store I-9 separately from personnel files. Do not ask for more documents than required.

Day 1 (First day of employment)
Employee completes Section 1 of Form I-9 (no later than first day)
Day 1–3 (3 business days after start)
Employer completes Section 2. Physical or remote document inspection. E-Verify submission if applicable.
Retention
Retain I-9 for: 3 years from date of hire OR 1 year after termination, whichever is later.
⚠️ E-Verify Federal contractors and some states (including Arizona, Georgia, North Carolina) require E-Verify — an online system that cross-checks I-9 documents against DHS and SSA databases. HRSanad action: Store I-9 status and document expiry in the Employee Documents tab. Set expiry alerts for temporary work authorization documents (EADs, H-1B approvals).
Form W-4
Employee's Withholding Certificate (Federal Income Tax)

What it is: The W-4 tells the employer how much federal income tax to withhold from the employee's paycheck. Every new employee must complete a W-4 before or on their first day.

When updated: Employees must submit a new W-4 within 10 days of any life event that changes their tax situation: marriage, divorce, new dependents, second job, significant income changes.

Key W-4 Inputs (2020+ redesign)

  • Filing Status: Single, Married Filing Jointly, Head of Household
  • Multiple jobs / spouse works: Checkbox or worksheet for withholding adjustment
  • Dependents: Child/other dependent tax credit amounts
  • Other income / deductions: Investment income, itemized deductions
  • Extra withholding: Additional flat $ per paycheck
💡 HRSanad configuration Store the W-4 data in the Employee Documents tab. The TDS/withholding component value is computed externally (IRS Publication 15-T withholding tables) and entered as a fixed deduction on the employee's pay component override. Update each January when new IRS tables are published, or when the employee submits a new W-4.

Equal Employment Opportunity (EEO)

Federal EEO Laws

  • Title VII, Civil Rights Act 1964 — prohibits discrimination based on race, color, religion, sex, or national origin (employers with 15+ employees)
  • ADEA (Age Discrimination in Employment Act) — protects employees 40+ (employers with 20+)
  • ADA (Americans with Disabilities Act) — prohibits discrimination against qualified individuals with disabilities; requires reasonable accommodation
  • Equal Pay Act, 1963 — equal pay for equal work regardless of sex
  • GINA (Genetic Information Non-Discrimination Act) — prohibits genetic information discrimination
  • PWFA (Pregnant Workers Fairness Act, 2023) — reasonable accommodation for pregnancy, childbirth

EEO Compliance Actions

  • Post the required EEOC "Know Your Rights" poster in every workplace (physical and digital for remote workers)
  • For employers with 100+ employees: File annual EEO-1 Component 1 Report with the EEOC by March 31 (categorizes workforce by race/ethnicity, sex, job category)
  • Collect employee self-identification forms (race/ethnicity, veteran status, disability status) during onboarding — voluntary but required for federal contractors
  • All job postings must include EEO tagline: "We are an Equal Opportunity Employer"

HRSanad note: The nationality/race field in Employee Master supports EEO reporting. Store veteran status and disability self-ID in Documents tab as supplementary records.

Background Checks & Drug Testing

Not federally mandated for all roles, but standard practice. Governed by the Fair Credit Reporting Act (FCRA) when using a third-party Consumer Reporting Agency (CRA).

HRSanad action: Store background check clearance date and status in the Employee Documents tab. Use the document expiry system for periodic re-checks in security-sensitive roles.

📝 At-Will Employment

The United States is predominantly an At-Will Employment jurisdiction — meaning either party (employer or employee) can terminate the employment relationship at any time, for any reason (or no reason), with or without notice, as long as the reason is not illegal.

What At-Will Means

  • Employer can terminate without cause — no severance legally required (unless contractually obligated)
  • Employee can resign without notice — though 2 weeks' notice is standard courtesy
  • No requirement to demonstrate "just cause" (unlike many countries)
  • The default in all 50 states except Montana (which has wrongful discharge protections after probation)

Exceptions to At-Will

  • Illegal reasons: Cannot terminate for protected characteristics (race, sex, religion, disability, age 40+, pregnancy, national origin, FMLA leave, whistleblowing)
  • Written contract: If an employment contract specifies duration or termination for cause only
  • Implied contract: Language in an employee handbook that implies job security ("you'll only be terminated for cause") can create implied contracts in some states
  • Public policy: Cannot terminate for jury duty, voting, or reporting illegal activity
  • Union contracts (CBA): Just-cause standard applies where collective bargaining agreements exist

Offer Letters & Employment Agreements

A proper US offer letter should include — and equally, should not include language that could undermine at-will status:

✅ Include

  • Job title and department
  • Start date and work location (remote/hybrid/onsite)
  • Compensation (salary or hourly rate, pay frequency)
  • Benefits summary (401k, health, PTO)
  • At-will statement: "Your employment is at-will and may be terminated by either party at any time"
  • Conditions: background check, I-9 completion, drug screen if applicable
  • Reference to employee handbook

🚫 Avoid

  • "Permanent position" — implies guaranteed employment
  • "As long as you perform satisfactorily" — implies for-cause only termination
  • Specific duration without intention to create a fixed-term contract
  • Guarantee of specific future compensation increases without qualification

HRSanad action: Store the signed offer letter in the Employee Master → Documents tab. Set no expiry. The status field (active, probation, separated) tracks employment lifecycle.

NDAs and Restrictive Covenants

Non-Disclosure Agreement (NDA)

Protects confidential business information (trade secrets, client lists, proprietary technology). Enforceable in all 50 states. Should be signed at hire, not after. Store signed NDA in Employee Documents.

Non-Compete Agreements

Enforceability varies dramatically by state. California, North Dakota, Minnesota, and Oklahoma prohibit most non-competes. In others (Florida, Texas), they can be enforced with reasonable scope/duration. The FTC issued a final rule in 2024 banning most non-competes — check current legal status.

Non-Solicitation Agreements

Prevents employees from soliciting clients or employees after departure. More broadly enforceable than non-competes. Typically 12–24 months post-employment.

Intellectual Property Assignment

Employee agrees that work product created within the scope of employment belongs to the employer. Critical for tech companies. California carve-outs apply for work done on personal time with personal resources.

⚖️ FLSA Classification — Exempt vs Non-Exempt

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, and child labor standards for private sector and government employees. Every employee must be correctly classified as Exempt or Non-Exempt. Misclassification is one of the most common — and most expensive — wage and hour violations.

🔴 Non-Exempt

Who: Most hourly workers, clerical staff, retail associates, drivers, production workers, and salaried workers earning below the FLSA salary threshold.

Rules

  • Must be paid at least federal minimum wage ($7.25/hr; most states higher)
  • Must receive overtime at 1.5× regular rate for all hours over 40 in a workweek
  • Must track and record actual hours worked (time & attendance records are mandatory)
  • Cannot waive overtime rights
  • Off-the-clock work (answering emails before/after shift) is compensable if employer knows about it

HRSanad configuration

Link non-exempt employees to a shift roster in TNA module. The OT component should use calc_method = 'ot_rate' with multiplier 1.5 for hours beyond 40/week. Biweekly payroll requires careful OT calculation (each week is standalone under FLSA — cannot average across two weeks).

🔵 Exempt

Who: Employees who meet BOTH the salary basis test AND a duties test under one of the standard exemptions.

The Three Tests for Exemption

  • Salary basis: Paid a predetermined, fixed salary not subject to reduction based on quality/quantity of work
  • Salary level: Must earn at least $684/week ($35,568/year) as of 2024. DOL proposed increase to $1,059/week in 2024 — check current threshold.
  • Duties test: Must fall under Executive, Administrative, Professional, Computer, or Outside Sales exemption

Common Exempt Roles

  • Managers with hiring/firing authority (Executive)
  • HR managers, accountants, analysts (Administrative)
  • Engineers, lawyers, doctors, CPAs (Learned Professional)
  • Software engineers earning ≥$27.63/hr (Computer)

HRSanad: Exempt employees typically do not need TNA clock-in/clock-out tracking, but TNA is still useful for leave management. OT component should not be applied to exempt employees.

🚨 Misclassification Penalties Incorrectly classifying a non-exempt employee as exempt exposes the company to back pay (up to 2–3 years of unpaid overtime), liquidated damages (doubles the back pay), attorney fees, and potential DOL investigation. The IRS also has separate worker classification rules (employee vs independent contractor) — getting that wrong triggers back taxes plus penalties.

Independent Contractors (1099) vs Employees (W-2)

Misclassifying employees as independent contractors is a major compliance risk. The IRS and DOL use multi-factor tests (behavioral control, financial control, type of relationship). Key signals:

More likely an Employee (W-2)

  • Company controls when, where, and how work is performed
  • Uses company equipment and tools
  • Long-term, ongoing relationship
  • Work is core to the business
  • Cannot work for competitors simultaneously

More likely a Contractor (1099)

  • Sets own schedule and methods
  • Uses own tools; invests in own business
  • Project-based or short-term engagement
  • Can work for multiple clients
  • Carries own professional liability insurance

HRSanad note: Contractors are typically not added to the employee master or payroll runs. They receive 1099-NEC at year-end for payments ≥$600. Use the contract_type field on the employee record to flag contract workers who are legitimately classified as such.

💸 Payroll Taxes — Federal & State

FICA — Federal Insurance Contributions Act

FICA taxes fund Social Security and Medicare. Both employee and employer contribute equally.

TaxEmployee RateEmployer RateWage Base (2024)Notes
Social Security 6.2% 6.2% $168,600 wage base cap Stops once employee earns $168,600. Employer match continues.
Medicare 1.45% 1.45% No cap Additional 0.9% employee-only surtax on wages above $200,000 (single) / $250,000 (married)
FICA Example — Employee earns $5,000/month:
  Social Security (employee): $5,000 × 6.2%  = $310.00 deduction
  Medicare (employee):        $5,000 × 1.45% =  $72.50 deduction
  Social Security (employer): $5,000 × 6.2%  = $310.00 employer cost
  Medicare (employer):        $5,000 × 1.45% =  $72.50 employer cost
  Total FICA: $310 + $72.50 × 2              = $765.00 per month

HRSanad configuration: Create four pay components — Social Security Employee (6.2% pct_gross, deduction), Medicare Employee (1.45% pct_gross, deduction), Social Security Employer (6.2% pct_gross, employer_contribution), Medicare Employer (1.45% pct_gross, employer_contribution). Cap Social Security using a formula component once wage base is reached.

FUTA — Federal Unemployment Tax Act

Rate: 6% on the first $7,000 of each employee's wages per year

Who pays: Employer only — never deducted from employee wages

Effective rate: Usually 0.6% (after 5.4% FUTA credit for timely SUTA payments)

Maximum annual FUTA per employee: $7,000 × 0.6% = $42

Due date: Quarterly deposit if FUTA liability > $500; otherwise annual (Form 940 due January 31)

HRSanad configuration: Create as employer_contribution component with calc_method = formula: min(ytd_wages, 7000) * 0.006 - ytd_futa_paid. Stop applying once $7,000 wage base is reached for that employee.

SUTA — State Unemployment Tax

Every state has its own unemployment insurance (UI) rate and wage base. Rates are assigned per employer based on experience rating (claim history). New employers get an assigned new-employer rate. Examples:

🌴 California

3.4% new employer rate. Wage base $7,000. Employer only. Also ETT 0.1% for training.

🗽 New York

New employer 3.2025%. Wage base $12,300 (2024). Employer only.

⭐ Texas

New employer 2.7%. Wage base $9,000. Employer only. No state income tax.

🌞 Florida

New employer 2.7%. Wage base $7,000. Employer only. No state income tax.

🌿 Washington

New employer 1.0%. Wage base $68,500 (2024). Also has PFML employee + employer contributions.

🌾 Illinois

New employer 3.525%. Wage base $13,590. Employer only.

Federal Income Tax Withholding

Based on the employee's W-4 and the IRS withholding tables (Publication 15-T). US federal income tax is progressive:

2024 Tax Brackets (Single)

Up to $11,600
10%
$11,601 – $47,150
12%
$47,151 – $100,525
22%
$100,526 – $191,950
24%
$191,951 – $243,725
32%
$243,726 – $609,350
35%
Above $609,350
37%

State Income Tax

  • No state income tax: Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, Wyoming
  • Flat rate: Colorado 4.4%, Illinois 4.95%, Massachusetts 5%
  • Progressive: California (1%–13.3%), New York (4%–10.9%), Oregon (4.75%–9.9%)

Local Taxes

Some cities/counties have local income taxes: New York City, Philadelphia (3.75% residents), Detroit, Kansas City. Configure as separate deduction components.

💰 US Salary Structure & Pay Components

US compensation is generally less component-heavy than India or UAE. Salary is usually a single gross figure, with pre-tax benefit deductions (401k, health insurance) reducing taxable income. Configure these in HRSanad as pay components per employee or per grade.

ComponentTypeCalc MethodTypical ValuePre-Tax?
Base Salary Earning fixed Annual salary ÷ pay periods Taxable
Overtime Pay Earning ot_rate 1.5× regular rate; non-exempt only Taxable
Performance Bonus Earning fixed Annual, quarterly, or spot bonus Taxable (supplemental rate 22% or aggregate)
Commission Earning fixed Sales team; entered per pay period Taxable
Car/Phone Allowance Earning fixed $300–$800/month Taxable unless accountable plan used
401(k) Employee Contribution Deduction pct_gross or fixed Employee elects % up to IRS limit ($23,000 in 2024) Pre-tax (Traditional) or after-tax (Roth)
Health Insurance Premium (Employee) Deduction fixed Employee share of premium (e.g. $200–$600/month) Pre-tax under Section 125 Cafeteria Plan
Dental / Vision Premium Deduction fixed $20–$80/month each Pre-tax under Section 125
FSA / HSA Contribution Deduction fixed FSA: up to $3,200/yr; HSA: up to $4,150 (single) in 2024 Pre-tax (reduces FICA and federal income tax)
Federal Income Tax (FIT) Deduction fixed Computed from W-4 + IRS Pub 15-T; updated per pay period
Social Security Tax Deduction pct_gross 6.2% up to $168,600 wage base
Medicare Tax Deduction pct_gross 1.45% (+ 0.9% above $200K)
State Income Tax Deduction fixed Varies by state; based on state withholding form
401(k) Employer Match Employer Cost pct_component Common: 50% match up to 6% of salary = 3% of salary Not deducted from employee; employer expense
Health Insurance Premium (Employer) Employer Cost fixed Employer pays 70–80% of premium Employer deductible expense
FUTA / SUTA Employer Cost formula 0.6% + state rate on first $7,000–$68,500 (varies) Employer only; not deducted from employee
⚠️ Section 125 Cafeteria Plan — Pre-Tax Benefit Order For deductions like 401(k) Traditional, health insurance premiums, FSA, and HSA to be pre-tax, your company must have a qualifying Section 125 Cafeteria Plan document. These deductions reduce the employee's W-2 taxable wages — meaning they also reduce both employee and employer FICA. Process pre-tax deductions before computing FICA and federal income tax withholding.

🏥 Benefits Administration

🏦
401(k) Retirement Plan
Employee-sponsored retirement savings with tax advantages and optional employer match
🏥
Health Insurance (ACA)
Medical, dental, vision coverage. Mandatory for employers with 50+ FTEs under ACA
🔔
COBRA Continuation
Continuation of health coverage after employment ends or qualifying event occurs
💊
HSA — Health Savings Account
Triple tax-advantaged medical spending account paired with HDHP health plan
🧾
FSA — Flexible Spending Account
Pre-tax account for medical or dependent care expenses; use-it-or-lose-it annual limit
✈️
PTO / Vacation / Sick Leave
No federal mandate; company policy. Some states require paid sick leave.

401(k) — Retirement Savings Plan

How 401(k) Works

  • Employee elects a deferral percentage or dollar amount per paycheck
  • Contributions deposited to individual account managed by plan provider (Fidelity, Vanguard, etc.)
  • 2024 contribution limit: $23,000/year ($30,500 if age 50+ catch-up)
  • Traditional 401(k): Pre-tax contributions; taxed on withdrawal
  • Roth 401(k): After-tax contributions; tax-free on qualified withdrawal

Employer Match

Most common: 50% of employee contribution up to 6% of salary = 3% employer match. Vesting schedules apply (immediate, 3-year cliff, 6-year graded).

Compliance Requirements (ERISA)

  • Plan must be formally established with a plan document
  • File Form 5500 annually with DOL (plans with 100+ participants)
  • Provide Summary Plan Description (SPD) to participants within 90 days of enrollment
  • Non-discrimination testing (ADP/ACP tests) to ensure plan doesn't favor highly compensated employees
  • Deposit employee deferrals to plan within 7 business days of payroll (small plans)

HRSanad configuration

Create 401(k) Employee (deduction, pct_gross, pre-tax) and 401(k) Employer Match (employer_contribution, pct_component linked to employee contribution). Per-employee override for individual deferral rates.

Health Insurance — ACA Compliance

Affordable Care Act (ACA) Requirements

  • Applicable Large Employers (ALEs): 50+ Full-Time Equivalent employees must offer minimum essential coverage (MEC) to full-time employees (30+ hours/week) and their dependents
  • Coverage must be affordable: employee premium ≤ 9.12% of household income (2024 threshold)
  • Coverage must provide minimum value: plan pays at least 60% of covered healthcare costs
  • Failure penalty: $2,970 per full-time employee (minus first 30) for not offering; $4,460/employee if coverage is unaffordable

ACA Reporting Requirements

  • Form 1095-C: Employer-furnished to each full-time employee by March 1
  • Form 1094-C: Transmittal filed with IRS by February 28 (paper) or March 31 (e-file)
  • Track hours for variable-hour employees to determine full-time status

Open Enrollment

Annual window (typically October–November for Jan 1 effective date) during which employees can change their benefit elections. New hires have a 30–60 day special enrollment period. Also triggered by qualifying life events (marriage, birth, loss of other coverage).

COBRA — Continuation of Coverage

What COBRA Is

The Consolidated Omnibus Budget Reconciliation Act (COBRA) requires employers with 20+ employees to offer continuation of group health coverage to employees and their covered dependents after a qualifying event.

Qualifying Events

  • Voluntary or involuntary termination of employment (except gross misconduct)
  • Reduction in hours below full-time threshold
  • Divorce or legal separation from covered employee
  • Employee becomes eligible for Medicare
  • Death of covered employee
  • Dependent child loses dependent status

COBRA Rules & Timelines

  • Coverage continuation: up to 18 months (termination/hours reduction); up to 36 months (other events)
  • Cost: Participant pays up to 102% of the premium (employer + employee share + 2% admin fee)
  • Employer must send COBRA Election Notice within 14 days of learning of qualifying event (HR has 30 days to notify the plan)
  • Qualified beneficiary has 60 days to elect COBRA after notice is sent

HRSanad action

When an employee's status is changed to "Separated" in the Employee Master, this triggers the COBRA notification obligation. Use the document expiry system to track the 14-day notice deadline. Store COBRA election forms in Employee Documents.

HSA & FSA

HSA — Health Savings Account

  • Must be paired with a High Deductible Health Plan (HDHP)
  • 2024 limits: $4,150 individual / $8,300 family
  • Triple tax advantage: Contributions pre-tax, growth tax-free, withdrawals tax-free for qualified medical
  • Funds roll over year to year — no use-it-or-lose-it
  • Portable — employee owns the account even after leaving
  • Employer can contribute; configure as employer_contribution component

FSA — Flexible Spending Account

  • No HDHP requirement
  • 2024 limit: $3,200/year
  • Pre-tax deduction reduces FICA and income tax
  • Use-it-or-lose-it: Funds generally forfeit at year end (optional $610 rollover or 2.5-month grace period)
  • Cannot be combined with HSA (except limited-purpose FSA for dental/vision)
  • Dependent Care FSA: Separate $5,000/year pre-tax for childcare

🌴 Leave Configuration — United States

The US has no federal mandate for paid vacation or paid sick leave. Leave policies are company-defined. However, federal and state laws create specific requirements for certain leave types.

FMLA — Family and Medical Leave Act

Who is covered: Employers with 50+ employees within 75 miles. Employees with 12+ months of tenure and 1,250+ hours worked in the past 12 months.

What FMLA Provides

  • Up to 12 weeks of unpaid, job-protected leave per year
  • Up to 26 weeks for military caregiver leave
  • Health benefits must be maintained during FMLA leave
  • Employee must be restored to same or equivalent position
  • Can be taken intermittently (e.g., 2 hours/week for chemotherapy)

Qualifying Reasons

  • Birth, adoption, or foster placement of a child (both parents)
  • Employee's serious health condition
  • Care for spouse, child, or parent with serious health condition
  • Qualifying military exigency (family member deployed)

HRSanad configuration

Create an FMLA leave type with is_paid = false, requires_document = true, 12-day maximum (in weeks; configure 84 days), negative_balance = false. No accrual — credit 84 days at start of eligibility year.

Common Leave Types to Configure

Leave TypeFederal Mandate?Typical PolicyHRSanad Config
PTO (Paid Time Off) No 10–20 days/year; combines vacation + personal. Accrues monthly or annual grant. is_paid=true, accrual=monthly, carry forward per policy
Vacation No 10–15 days/year for new employees. Increases with tenure. is_paid=true, seniority entitlement bands
Sick Leave State-specific (see below) 5–10 days/year. Some companies use PTO bucket instead of separate. is_paid=true, requires_document=false (short absences)
FMLA Yes (50+ employees) 12 weeks unpaid, job-protected is_paid=false, 84 days, annual credit
Parental Leave No federal (some states) Varies: 2–16 weeks paid at many tech companies is_paid=true, separate from FMLA
Jury Duty Protected — cannot terminate Typically paid for a few days; unpaid for extended service is_paid=true for company-paid portion, custom
Bereavement Leave California requires 5 days (AB 1949). Other states vary. 3–5 days for immediate family; 1–3 for extended family is_paid=true, fixed annual credit
Military Leave (USERRA) Yes — USERRA protects job and benefits Unpaid beyond employer policy; employer may voluntarily pay is_paid=false (or partial per company policy)
Voting Leave Many states require (varies) 2–3 hours paid, with advance notice Fixed annual credit, no carry forward

State Paid Sick Leave Laws

🌴 California

5 days (40 hrs) paid sick leave/year. 1 hr accrued per 30 hrs worked. Unused must carry forward.

🗽 New York

56 hrs (7 days) for employers with 100+ employees; 40 hrs for 5–99. Accrual 1hr/30hrs.

🌿 Washington

1 hr per 40 hrs worked. No cap on accrual. Up to 40 hrs carry forward.

🎰 Nevada

0.01923 hrs per hr worked (~40 hrs/year). Any reason, no documentation.

🌊 New Jersey

40 hrs (1 hr/30 hrs) for all employers. Carry forward 40 hrs.

⭐ Texas / Florida

No state mandate. Company policy governs entirely.

State Paid Family Leave (PFL)

Several states have enacted Paid Family and Medical Leave (PFML) programs — funded by employee (and sometimes employer) payroll deductions:

StateProgramDurationBenefit RateFunded By
CaliforniaCalifornia SDI / PFL8 weeks PFL; 52 weeks SDI60–70% of wagesEmployee payroll deduction (SDI tax)
New YorkNY Paid Family Leave12 weeks67% of state avg weekly wageEmployee payroll deduction
WashingtonWA PFML12 weeks family + medical combined60–90% of wagesEmployee + employer contributions
MassachusettsMA PFML12 weeks family; 20 weeks medicalUp to 80% of wagesEmployee + employer contributions
New JerseyNJ FLI / TDI12 weeks FLI; 26 weeks TDI85% of wages up to $1,131/weekEmployee payroll deduction

📖 Employee Handbook & Company Policies

A well-drafted employee handbook is critical for US companies. It sets expectations, provides legally-required notices, and — when drafted carefully — protects the company's at-will status. The handbook should be reviewed by employment counsel for the specific states where employees work.

Required / Strongly Recommended Handbook Sections

Legal & Compliance Notices

  • At-Will Employment Statement (must be in every handbook)
  • Equal Employment Opportunity (EEO) Policy
  • Anti-Harassment & Anti-Discrimination Policy (Title VII, ADA, ADEA)
  • FMLA Policy and Notice
  • Workers' Compensation Notice
  • COBRA General Notice (for health plan participants)
  • USERRA Military Leave Policy
  • State-specific: CA DFEH, NY Human Rights Law, etc.

Operational Policies

  • Work Schedule, Hours, and Remote Work Policy
  • PTO / Vacation / Sick Leave Policy
  • Pay Schedule and Timekeeping (FLSA records requirement)
  • Performance Review Process
  • Disciplinary Procedures (without implying for-cause termination)
  • Social Media Policy
  • Drug-Free Workplace Policy
  • Confidentiality / Data Security
  • Technology and Equipment Use
  • Expense Reimbursement Policy

Anti-Harassment & Anti-Discrimination Training

Federal Requirements

No federal law mandates harassment training, but the EEOC strongly recommends it and it is the primary defense in harassment litigation.

State Mandates

  • California: SB 1343 — 2 hrs training for supervisors, 1 hr for all employees, every 2 years. New supervisors within 6 months of appointment.
  • New York: Annual sexual harassment prevention training for all employees.
  • Illinois: Annual sexual harassment prevention training.
  • Connecticut: 2 hrs training for supervisors.
  • Delaware: Interactive sexual harassment training for all employees.

What Training Must Cover

  • Definition of harassment and discrimination
  • Examples of prohibited conduct
  • How to report a complaint (internal and external — EEOC)
  • Anti-retaliation protections
  • Supervisor obligations

HRSanad action

Use the Training Module to create a mandatory "Anti-Harassment & EEO" training course. Assign to all employees on hire, then annually (or per state schedule). Track completion status and certificate upload via the training dashboard. Store completion certificates in Employee Documents with appropriate expiry date for annual renewal.

⚠️ Handbook Acknowledgement Every employee must sign an acknowledgement that they have received, read, and understood the employee handbook. Store the signed acknowledgement in HRSanad's Employee Documents tab. Re-obtain acknowledgements whenever the handbook is materially updated. This is your evidence if a policy dispute arises.

📄 Payroll Forms Reference

Form W-2
Wage and Tax Statement
  • Issued by employer to each employee by January 31
  • Reports total wages, federal income tax withheld, FICA taxes, state taxes
  • Filed with SSA by January 31 (electronic) or February 28 (paper)
  • Employee uses to file personal tax return
  • HRSanad: Generate from annual salary slip data — sum all 12 monthly slips per employee to produce W-2 source data
Form 941
Employer's Quarterly Federal Tax Return
  • Filed quarterly: April 30, July 31, October 31, January 31
  • Reports total wages paid, federal income tax withheld, FICA (SS + Medicare) employee and employer portions
  • Reconciles tax deposits made during the quarter
  • Semi-weekly / monthly deposit schedule based on lookback period payroll amount
  • HRSanad: JV export provides component-level totals per quarter for 941 preparation
FormPurposeFiled ByDue Date
W-4Federal withholding certificate from employeeEmployee to employerBefore first paycheck; update anytime
I-9Employment eligibility verificationEmployee Section 1 + Employer Section 2Section 1: Day 1; Section 2: Day 1–3
W-2Annual wage and tax statement to employeeEmployer to employee + SSAJanuary 31
941Quarterly federal payroll tax returnEmployer to IRSApr 30, Jul 31, Oct 31, Jan 31
940Annual FUTA returnEmployer to IRSJanuary 31
1099-NECNon-employee compensation (contractors)Employer to contractor + IRSJanuary 31
1094-C / 1095-CACA employer health coverage reportingEmployer to employees + IRS1095-C to employees: March 1; 1094-C to IRS: March 31 e-file
State withholding formState income tax withholding certificate (e.g., CA DE-4, NY IT-2104)Employee to employerOn hire; update anytime
New Hire ReportState new hire registry (child support enforcement)Employer to stateWithin 20 days of hire (federal requirement)

📆 US HR Compliance Calendar

📌 Every Pay Period

Federal income tax deposit (semi-weekly or monthly rule)
FICA deposits (SS + Medicare, employer + employee)
State income tax deposit (varies by state)
401(k) deferrals deposited within 7 business days
Pay stubs provided to all employees

📋 Quarterly

Form 941 (federal payroll taxes) — Apr 30 / Jul 31 / Oct 31 / Jan 31
State payroll tax returns (varies by state)
FUTA deposit if liability > $500
ACA variable-hour employee hours tracking review

📅 Annual (Jan–Feb)

W-2 to employees: January 31
W-2 / W-3 to SSA: January 31
Form 940 (FUTA annual return): January 31
1099-NEC to contractors: January 31
New FICA wage base takes effect January 1
Update withholding tables (IRS Pub 15-T)

🔔 Event-Triggered

New hire: I-9 within 3 days, new hire report within 20 days
Termination: COBRA notice within 14 days; final pay per state law
Open enrollment: ACA 1095-C to employees by March 1
FMLA request: 5 days to provide eligibility notice
W-4 update: apply by next payroll period

Final Pay Requirements by State (Termination)

Final paycheck timing at termination is highly state-specific — failure to comply results in penalties:

StateInvoluntary TerminationVoluntary Resignation
CaliforniaImmediately (same day)Next regular payday or within 72 hours if 72-hr notice given
New YorkNext regular paydayNext regular payday
TexasWithin 6 calendar daysNext regular payday
FloridaNext regular paydayNext regular payday
WashingtonEnd of pay period or within 20 days (whichever sooner)End of next pay period
IllinoisNext regular paydayNext regular payday

⚙️ Step-by-Step HRSanad Setup for a US Company

  1. Create the Company Record
    FieldValueWhy
    country_codeUSIdentifies as US entity
    payroll_currencyUSDAll payslips in dollars
    fiscal_year_start1 (January)US tax year Jan–Dec
    wps_mol_idLeave blankNo WPS in USA
  2. Configure Gratuity Slabs — Set to Zero

    US has no statutory end-of-service gratuity. Create a single slab record for the US tenant with days_per_year = 0. This prevents any gratuity accrual appearing on US payslips. Severance, if offered, is a separate one-time payment handled outside the gratuity engine.

  3. Set Up Grades — US Job Levels

    Create grades matching your US job leveling framework. Common structures:

    IC1–IC3
    Individual Contributor
    M1–M3
    Manager levels
    D1–D2
    Director
    VP / C-Suite
    Executive

    Tag each grade as Exempt or Non-Exempt using the grade notes field. This determines whether OT applies.

  4. Create Pay Components

    Create the US-specific components listed in the salary table above. Key components per employee type:

    • Salaried Exempt: Base Salary, 401k Employee, Health Premium Employee, FSA/HSA, Social Security, Medicare, FIT, State Tax, 401k Employer Match, Health Premium Employer, SS Employer, Medicare Employer
    • Hourly Non-Exempt: Hourly Base (per_hour method), Overtime (ot_rate × 1.5), all same deductions above
  5. Configure Leave Types

    Create the leave types per the table in the Leave section above. Key ones for Day 1: PTO/Vacation, Sick Leave (check your state), FMLA, Parental Leave, Jury Duty, Bereavement, Military (USERRA). Add state PFML leave type if operating in CA, NY, WA, MA, or NJ.

  6. Add Employees — Capture US-Specific Data

    For each employee, collect and store in HRSanad:

    • Social Security Number (SSN) — store masked; needed for W-2 and tax filings
    • W-4 filing status — Single / MFJ / HOH + withholding adjustments
    • State withholding form — CA DE-4, NY IT-2104, etc.
    • FLSA classification — Exempt or Non-Exempt (use employee notes)
    • Employment type — Full-time, Part-time, Temporary
    • Bank account + routing number — for direct deposit (ACH)
    • 401(k) deferral election — percentage or dollar per paycheck
    • Health plan elections — plan type, dependents enrolled
    • I-9 document type and expiry — store in Documents tab
    • EEO self-identification — race/ethnicity, veteran, disability (voluntary)
  7. Running Payroll (US-Specific Steps)

    Payroll in the US is typically run biweekly (every 2 weeks = 26 pay periods) or semi-monthly (twice a month = 24 pay periods). Monthly is less common. Each run follows the same Draft → Calculate → Approve → Finalize flow in HRSanad.

    🇺🇸 No WPS — Use JV Export + Direct Deposit File After finalizing payroll: (1) Generate the JV export for your accounting system (QuickBooks, NetSuite, etc.). (2) Create a NACHA-format ACH direct deposit file from the salary slip data and upload to your bank's portal. Most US banks accept NACHA files for bulk payroll. HRSanad's salary slip API provides all the data needed: employee name, bank routing + account, net pay amount.

🔒 Data Privacy & Security

Federal Laws

  • HIPAA: Health Insurance Portability and Accountability Act — protects health information. Medical records and health plan enrollment data must be kept separately from general HR files.
  • FCRA: Fair Credit Reporting Act — regulates use of credit reports for employment decisions.
  • ADA: Medical information must be kept in separate confidential files; only specific personnel may access it.
  • GINA: Genetic information strictly protected; must not be in the general personnel file.
  • COPPA: If minor employees — strict additional protections apply.

State Privacy Laws

  • CCPA/CPRA (California): Employees have rights to access, delete, and opt out of sale of personal data. Requires privacy notice to employees at hire. Effective 2023 for employees.
  • Virginia CDPA, Colorado CPA, Connecticut CTDPA: Similar rights to CCPA — expanding state privacy laws.
  • BIPA (Illinois): Biometric Information Privacy Act — biometric data (fingerprints for TNA attendance) requires written consent and strict retention/destruction rules. Violations: $1,000–$5,000 per incident.
  • NY SHIELD Act: Data security requirements for NY residents' private information.
🚨 SSN Protection Social Security Numbers are among the most sensitive data elements. Store SSN in HRSanad's Employee Master masked (last 4 digits only for display). Full SSN should only be accessible to Payroll Admin and HR Admin roles. Never log SSN to console, log files, or error messages. Never include SSN in email. The RLS and audit trail in HRSanad enforce access controls — ensure this is tested for your US tenant.
⚠️ BIPA — Fingerprint/Biometric Attendance If using HRSanad's biometric TNA clock-in (fingerprint or face recognition) for employees in Illinois, you must: (1) Obtain written consent before collecting biometric data; (2) Publish a retention and destruction policy; (3) Never sell biometric data; (4) Destroy biometric data when employment ends. Class action litigation under BIPA is extensive — consult Illinois counsel before deploying biometric TNA in that state.

✅ US Go-Live Checklist

System Configuration

Employee Onboarding Documents

Statutory Registrations

HRSanad HRMS — Onboarding US Companies Last updated: April 2026  |  Owner: Waheed Rahuman Kamaludeen