United States Payroll
United States Payroll Questions
Can I hire my talent as an Independent Contractor even if Any Hire classifies as Employee?
What is an Employer of Record (EOR)?
An Employer of Record (EOR) is an organization that takes legal responsibility for employing people — taking on the responsibility for things like paying employees internationally, organizing taxes, and handling benefits and insurance — on your behalf.
When do I need an EOR?
An EOR is needed when a client has not directly completed necessary compliance steps, often including maintaining a physical presence, within a specified jurisdiction. The EOR also provides the up-to-date expertise necessary to be able to take on the legal responsibility for employing people across the globe.
Will Any Hire determine which of my U.S. talent should be classified as employees?
Yes, Any Hire will determine when US-based talent should be classified as an employee. You are not required to follow Upwork’s classification recommendation, but if you choose not to do so, Upwork cannot offer the indemnification against misclassification claims.
What are the benefits of engaging my U.S. based talent as an employee?
In cases where Any Hire recommends classifying talent as an employee, following our recommendation helps avoid legal risk around worker misclassification. Other benefits include more control over the work being done, such as which hours are being worked.
Related Content: Worker Classification: Employee vs Independent Contractor
What are the taxes that will be covered as an Employee?
Payroll taxes and mandatory employment taxes that fund things like social benefits.
Who will be the employer for my talent?
We provide the trusted, third-party EOR partner for you, who will be the employer of the talent in the U.S.
What does the employer burden cover?
Employer contributions include mandatory taxes that fund things like social benefits. The costs of employee benefits like additional paid time off, retirement contributions and bonuses are also rolled up into employer burden.
Questions about Employer of Record Services (EOR)
When do I need an EOR?
An EOR is needed when a client has not directly completed necessary compliance steps, often including maintaining a physical presence, within a specified jurisdiction. The EOR also provides the up-to-date expertise necessary to be able to take on the legal responsibility for employing people across the globe.
How do I manage taxes?
The EOR partner will handle all of the withholding and payment of taxes, and they will provide the worker with a Form W-2.
What is an Employer of Record or EOR?
An Employer of Record (EOR) is an organization that takes legal responsibility for employing people — taking on the responsibility for things like paying employees internationally, organizing taxes, and handling benefits and insurance — on your behalf.
What are the benefits of using an EOR?
An Employer of Record (EOR) is an organization that takes legal responsibility for employing people — taking on the responsibility for things like paying employees internationally, organizing taxes, and handling benefits and insurance — on your behalf. The EOR has expertise, legal standing and staffing in place to maintain compliant working relationships in the location where they employ.
What changes for my talent under an EOR relationship?
The talent will be an employee of the EOR partner, and the EOR partner will assign the employee to provide services to you. The talent will need to log their hours with the EOR partner. They will receive employment benefits based on their local requirements.
How do I manage benefits?
The EOR partner will provide required benefits to your talent. They will work with you if you want to provide any benefits beyond what is required in your talent’s locale.
When am I invoiced for Employment (Upwork Payroll) contracts?
We invoice and bill your United States payroll contracts on a weekly basis, as long as the EOR submits their own invoice within that period.
For non-United States payroll contracts, EORs are legally required to pay talent on a frequency determined by local regulations - these may be weekly, bi-weeky or monthly. In these cases, we will bill you based on the legal required cadence. Additional billing details will be provided before you start a contract.
Note: The Any Hire monthly fees are billed bi-weekly, regardless of payroll billing cadence.