Home > I'm an Employer > Staffing > Are my staff classed as employees in the USA?

Are my staff classed as employees in the USA?

No. You don’t need to worry about the usual red tape and hassles that come with the employer/employee relationship.

Since your workers live and work in the Philippines, they could not be legally employed by the company or business in the US. To have an employer/employee relationship in the legal sense, you’d need to both be in the same jurisdiction.

When you hire staff on VirtualStaff.ph, whether part-time or full-time, you’re not entering into an employer/employee relationship in the sense that you don’t have to pay things like maternity leave, benefits, severance pay, and other such stuff. No, you don’t need to worry about any of that.

Also, when it comes to withholding taxes and things such as that, again, it’s not something you have to worry about. The reason for this is because the workers on VirtualStaff.ph are responsible for filing their own taxes, and under law would be classified as "independent contractors" in regards to the IRS/BIR. 

 

What about if you want to hire your staff as employees with benefits?

We have an Enterprise Solution that caters specifically to this.

If you are looking to hire them as “employees” with benefits, you can hire them through a Philippine employee of record (EOR). Take a look at our simplified done-for-you outsourcing solution.