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Legal and Compliance

Easily navigate local employment laws with our expert resources on tax and compliance.

Why should businesses care about the risks of misclassifying employees as contractors?

In recent years, the gig economy has seen a sharp increase as employers enjoy the flexibility of hiring skilled workers on a project-by-project basis.  However, between 10-30% of US employers are misclassifying their workers, according to the National Employment Law Project. 

There are a few reasons the authorities take this especially seriously:

  • A loss of revenue on income taxes: When misclassifying workers, employers may not withhold the correct amount of employment taxes required by law. By some estimates, $3-4 billion is lost annually due to misclassification.  
  • A loss of employee benefits and protections: Misclassification deprives employees of their statutory benefits and employee protections, such as leave, insurance and social security, leading to potential reputational harm and legal fallout for you as an employer. 
  • Employers who misclassify their employees could gain an unfair advantage over compliant businesses by avoiding certain required employer costs and legal obligations.

While this guide focuses on U.S. regulations, businesses operating internationally should be aware that employee misclassification carries similar risks across many countries, with varying legal frameworks.

What are the differences between employees and independent contractors in the U.S.?

There  are several distinct differences between full-time employees and independent contractors. Here’s a summary of the key differences:

Type Employees Independent Contractors
The differences between independent contractors and employees
The nature of work Employees are appointed with the intention of performing work in the long-term for a single employer, often with no fixed end date to the employment contract. Contractors are hired for short-term work on a project-by-project basis, often with a fixed end date attached to a contract. They can work for multiple employers.
Control Employers have more oversight when it comes to the work performed by employees. Contractors have more freedom to conduct the work as they see fit, since they are in business for themselves.
Employee benefits Full-time employees have access to mandatory employee benefits and protections. In the United States, this includes Medicare, Social Security, unemployment insurance, and workers' compensation, as well as overtime pay, a set minimum wage and paid or unpaid sick leave. Independent contractors are not entitled to employee benefits or protections, and may need to purchase their own health insurance or other benefits.
Income tax Employers are responsible for withholding and paying certain taxes for their employees, including income tax, social security taxes, and payroll taxes. Independent contractors are responsible for their own tax obligations, including paying self-employment tax, which includes social security and Medicare tax.

The penalties of misclassifying employees as independent contractors in the U.S.

If an employer misclassified workers as independent contractors, they may be required to pay back taxes, penalties, and interest on unpaid taxes. Employers may also be subject to legal action by the Internal Revenue Service (IRS) or other US tax authorities. Misclassified employees may not get tax benefits like the earned income tax credit if they are labeled as independent contractors. 

Here are all the potential consequences of employee misclassification:

Civil Penalties

Misclassifying employees as independent contractors can trigger IRS audits. If the misclassification is deemed unintentional, civil penalties include:

  • A $50 fine for each unfiled Form W-2.
  • 1.5% of wages, along with 40% of unpaid FICA taxes (Social Security and Medicare), plus the employer’s full share of FICA taxes.
  • Interest penalties on these amounts, accruing from the due date.
  • A failure-to-pay penalty of 0.5% per month, up to 25% of the total tax liability​.

Additional penalties for fraud or intentional misconduct

If the IRS identifies fraudulent intent, additional penalties may include:

  • 20% of wages.
  • 100% of FICA taxes (both employer and employee portions).
  • Criminal fines up to $1,000 per misclassified worker and possible imprisonment​.

Class-action lawsuits and back pay

Employees can sue for back wages, including unpaid overtime and benefits, if misclassified. This may involve costly retroactive compensation for benefits like health insurance and retirement plans that the employee was entitled to​

Damage to your reputation

Besides pure financial cost, the long-term effects of being found guilty of employee misclassification can be devastating. Bad press, drawn out legal battles and the impression that you are treating workers unfairly will impact your ability to attract new talent and retain your existing staff. 

Examples of misclassification penalties

How have cases of misclassification played out in practice? These prominent legal cases highlight how hefty the consequences of misclassification can get:

  • In 2022, Uber and its subsidiary, Rasier LLC, paid $100 million in unpaid state payroll taxes and penalties in New Jersey, after being convicted of misclassifying nearly 300,000 drivers.
  • Nike faces potential tax fines of more than $530m,  as they may have misclassified thousands of temporary office workers.
  • FedEx paid a $228 million settlement in a lawsuit alleging that they had incorrectly classified more than 2000 drivers in California. 

How to determine if your worker is an independent contractor or an employee in the U.S.

So, how can you be certain that you’re classifying your workers correctly? It can get surprisingly complicated to distinguish correctly between employees and independent contractors. 

There are a number of tests in the US that can guide employers to distinguish correctly between the two. Two of the most relevant tests that businesses can use include:

Common-law test

The IRS distinguishes between workers under common-law rules according to the categories of behavioral control, financial control and the relationship between parties. Some questions the IRS asks as part of this test includes:

  • Does the company control how the worker completes the work?
  • Does the company reimburse expenses and cover the costs of necessary tools and supplies?
  • What is the nature of the written agreements between the worker and the company? 
  • How permanent is the working relationship? 
  • Is the work integral to the business of the organization?

Get more details on the questions the IRS asks for each of these categories here

Companies and individuals can also file IRS Form SS-8, requesting that the IRS conduct an official audit to determine a worker’s status.

The Economic Reality Test

In January 2024, the Department of Labor (DOL) published a final rule revising how employees and independent contractors are classified under the Fair Labor Standards Act (FLSA). The final rule looks at these six factors when distinguishing between contractors and employees:

  • Opportunity for profit or loss depending on managerial skill
  • Investments by the worker and the potential employer
  • Degree of permanence of the work relationship
  • The nature and degree of control
  • The extent to which the work performed is an integral part of the employer's business

Get more details on the economic reality test here.

The reasonable basis test

This test looks at how the courts and the IRS have classified similar workers in your company or your industry in the past, rather than examining the nature of the working relationship. There are several conditions in this test, that could mean you have a reasonable basis for classifying a worker as a contractor. 

These include, for example:

  • A court ruling exists that treats workers in similar circumstances as non-employees.
  • There is a past IRS payroll audit that didn't find workers in similar positions at your company to be employees.

Get more details on the reasonable basis test here.

How Other Countries Handle Employee Misclassification

Employee misclassification is not unique to the United States and is an issue in many countries around the world. Employers should be aware of the labor laws in the countries where they operate and ensure that they are correctly classifying their workers. 

Many countries have laws and regulations that are similar to those in the United States, such as tax obligations for employers. In addition, some countries have specific laws and regulations related to worker classification that employers must follow.

Avoid The Risks Of Employee Misclassification With Playroll

Employee misclassification is a complex issue with significant legal and financial repercussions for US companies. One way to avoid the penalties of misclassification, is to partner with a team of experts that know the rulebook when it comes to compliance.

An Employer Of Record like Playroll removes the risk of hiring full-time employees and contractors alike, in the United States and beyond. Dedicated legal and HR experts will help you correctly classify your workers, and convert contractors to employees if needed.

Playroll helps companies expand their teams worldwide and keep talented employees, with a robust infrastructure of established entities in over 180 countries, ensuring ongoing compliance.

Read Time

September 5, 2024

How To Avoid Penalties For Misclassifying Employees In The United States

The penalties for misclassifying employees as independent contractors can be steep, including fines, back pay, increased scrutiny by government authorities, potential lawsuits – and a ruined reputation. Here’s your full guide on the penalties of employee misclassification in the United States, and how to avoid it.

Legal and Compliance

Country By Minimum Wage In 2024

Despite the ongoing debate over what constitutes an adequate minimum wage, it is a widespread tool in labor regulation, adopted by over 90% of countries globally:

Net minimum monthly wages worldwide in 2024
Country Net minimum wage per month (U.S. dollars)
Luxembourg $2,459
Netherlands $2,326
Australia $2,150
Ireland $2,020
New Zealand $1,977
United Kingdom $1,937
Germany $1,729
Canada $1,633
United States $1,619
Belgium $1,617
France $1,505
Puerto Rico $1,476
South Korea $1,415
Israel $1,175
Spain $1,134
Saudi Arabia $960
Cyprus $953
Slovenia $946
Hong Kong $887
Malta $869
Estonia $821
Taiwan $821
Poland $785
Lithuania $762
Portugal $756
Croatia $729
The Czech Republic $722
Greece $718
Slovakia $662
Latvia $647
Turkey $596
Hungary $499
Montenegro $484
Uruguay $461
Romania $450
Serbia $435
Chile $423
Bosnia and Herzegovina $418
Ecuador $417
Guatemala $402
Bulgaria $398
Mexico $397
Albania $367
North Macedonia $353
Paraguay $330
Colombia $328
Bolivia $298
Argentina $297
Malaysia $282
Brazil $263
Peru $240
Moldova $239
South Africa $233
Thailand $203
Azerbaijan $186
Indonesia $184
Russia $180
Belarus $164
Vietnam $161
Kazakhstan $160
Philippines $156
Ukraine $156
Armenia $136
Pakistan $114
India $99
Uzbekistan $75
Nigeria $68

Source: Statista, 2024

Worldwide, minimum net monthly wages vary from almost 2,500 U.S. dollars in Luxembourg to 68 dollars in Nigeria as of January 2024. Minimum wages must be seen in relation with price levels in a country. One popular way to measure purchasing power is the Big Mac Index.

Determining the Minimum Wage: A Global Perspective

Minimum wage regimes vary extensively worldwide, shaped by a complex mix of laws, institutional arrangements, and collective bargaining. They are not randomly assigned values but the outcome of negotiations involving a country's social and political forces—trade unions, employers' associations, and governments.

International discourse often emphasizes increasing minimum wages to counter in-work poverty, a sentiment that gained momentum during the COVID-19 crisis as essential workers' low wages came under scrutiny. With each country's approach reflecting its unique economic and labor landscape, the ongoing challenge is to strike a balance between protecting workers and fostering economic health.

Minimum Wage Variations

Picture this: in some places, there's a single minimum wage that covers everyone, no matter the job—pretty straightforward, right? This is what we call a universal regime. It's like having one rule for all, usually set by the national government.

Now, in the European Union, for example, most countries follow this universal approach with a one-size-fits-all minimum wage. But then, there are places like the United States or Canada, where things get a bit more local. States or provinces set their own minimums, which can be higher than the national floor. So, if you're in California or Ontario, the minimum wage might be different than in Texas or Quebec.

And then, there's the sectoral approach—think of it as custom-tailored wages for specific industries. Maybe you're a barista, a construction worker, or a nurse; your minimum wage is decided by the norms of your particular field.

Whether it's a universal rate that blankets the entire workforce or varied sectoral wages, the idea is to ensure you get a fair shake for a hard day's work, no matter the zip code or job title.

Exemptions and Special Cases in Minimum Wage Laws

Of the G20 countries, Argentina saw the largest increase of the net minimum wage from January 2023 to January 2024, with wages increasing by almost 140 percent. This must be seen in relation to the country's soaring inflation rates. The same can be said of Turkey, where minimum wages almost doubled from 2023 to 2024.

Annual net change of net minimum monthly wages in G20 countries, January 2023 - January 2024
Country YoY Change To The Minimum Wage
Argentina 138.4%
Turkey 99.9%
Russia 18.5%
Mexico 12.6%
South Africa 9.4%
Brazil 8.3%
Australia 7.4%
United Kingdom 7.3%
Indonesia 7.1%
Canada 6%
India 5.9%
United States 4.5%
France 3.4%
South Korea 3%
Germany 2.8%
Saudi Arabia 0%

Source: Statista, 2024

Of the G20 countries, Argentina saw the largest increase of the net minimum wage from January 2023 to January 2024, with wages increasing by almost 140 percent. This must be seen in relation with the country's soaring inflation rates. The same can be said of Turkey, where minimum wages almost doubled from 2023 to 2024.

When it comes to minimum wage, it's not always a one-rule-fits-all situation. In many places, especially across Europe, how much you should get paid at the very least might come from a national law, but it's not just plucked out of thin air. The government usually chats with employers and unions to figure it out. Sometimes, when everyone can't agree, the government steps in and sets the wage itself.

Now, let's take a quick trip north. In countries like Denmark and Sweden, instead of one blanket minimum wage, they have special pay rates for different job sectors. Think of it like a menu of wages tailored to each industry. Even in countries like Germany, which jumped on the national minimum wage bandwagon in 2015, this sector-specific approach was the go-to for ages.

And then there's Uruguay, a standout place where sector-level bargaining sets the pace, even with a national minimum wage in play. These special cases show that when it comes to ensuring fair pay, there's more than one way to bake the cake.

Ensure Accurate, Timely Wages With Playroll

Navigating miminum wage and staying compliant with ever-changing employment laws can be complex, but it doesn't have to be. Playroll is an EOR service that can help you employ, pay and manage international workers in 180+ countries. Our team of experts ensures on-time payroll for your remote workforce, every time, and ensures compliance with all local labor laws so you can focus on scaling your business.

Book a demo with our team to find out how we can help scale your remote team.

While a home office offers many work-life balance benefits, it exposes both the employees and businesses to a range of new cyber security and working from home risks.

That's due to many remote work applications and devices plugging into the company systems to access and share information.

Thus, businesses need to give serious thought to how to maintain security when employees work from home to protect their sensitive data and information from slipping into the wrong hands. That creates the need to develop robust cyber security work from home measures.

Remote Work IS On The Rise

Remote work has been on the rise since the pandemic and has become an essential part of modern business operations. According to StandOut CV, 16% of UK workers work full time from home, with 44% embracing a hybrid work week.

So, how do you maintain security when employees work from home? 

This article lays out common cyber security work-from-home risks, practical steps that businesses can take to provide a secure remote work environment, and how Playroll secures your sensitive data in an environment rife with cyber security work from home risks.

Common Cyber Security and Work From Home Security Risks

The first step to ensure robust remote work security is to understand what you're up to. common cyber security work from home security threats include:

  • Phishing attacks and social engineering
  • Insecure Wi-Fi and home networks
  • Malware, including viruses, spyware, ransomware, etc
  • Data leakage
  • Weak passwords
  • Unsecured devices
  • Unencrypted communications
  • Shadow IT, including unauthorized software or work tools
  • Insider threats
  • Video conferencing risks due to inadequate security configuration
  • Inadequate software and operating system updates
  • Unauthorized device access
  • Lack of security awareness
  • Over-sharing on social media
  • Vendor security risks
  • Cloud security risks

Once you’ve understood your remote work security risks, the next step is to conduct a thorough risk assessment to identify potential security threats and vulnerabilities. Then, implement security controls and secure communication channels to safeguard sensitive information and mitigate the identified risks.

laptop for cyber security and working from home

Implementing Robust Cyber Security Worker From Home Security Controls

Since remote workers use software applications and remote worker tools to interface with your company systems, focusing on application security is a powerful security control to guarantee information security.

So, how do you ensure application security for remote workers?

Below is a rundown of top cyber security work from home best practices for application security to ensure secure access to company systems and resources.

  • Use secure communication tools: To protect data in transit, employees should use secure communication tools like Microsoft Teams, Slack, encrypted email services, and other secure messaging platforms for work-related discussions.
  • Data encryption: Encrypt sensitive data, both at rest and in transit to secure sensitive information even when accessed by cybercriminals.
  • Regular software updates: This cyber security work from home measure helps you ensure all software applications and operating systems are up to date and regularly apply security patches to fix vulnerabilities. If possible, let your employee devices have automatic updates.
  • Multi-Factor Authentication(MFA): Add an extra security layer by requiring remote workers to verify their identity through various methods before accessing company systems. For instance, by inputting a one-time code sent to their mobile devices or email after entering a password.
  • Secure Wi-Fi Networks: Encourage your employees to use strong, unique passwords for their Wi-Fi and home networks, avoid public Wi-Fi while working, and change their default router password.
  • Use a VPN: Your employees should use a VPN to ensure privacy. To implement this important cyber security work from home security measure, let them have your company VPN to ensure a secure connection when accessing the company network.
  • Avoiding phishing scams:  Educate your employees about phishing and social engineering scams. They should avoid clicking or opening suspicious links or attachments sent to their work emails.
  • Endpoint security: Well-updated antivirus and anti-malware software on remote devices can help protect against viruses, spyware, ransomware, etc
  • Secure file sharing: File sharing and collaboration tools should have controlled role-based access and permission management.
  • Regular security training: Regular training is a top cyber security work from home measure that helps keep remote workers in the loop with the latest cyber threats, phishing attempts, and remote work security best practices.
  • Develop a rapid incident response plan: In case of a hack or unwelcome security event, you should have protocols in place to respond to security incidents as quickly as possible.

Creating an Effective Remote Worker Security Policy

A secure remote working policy should be top of mind when thinking of how to maintain security when employees work from home.

That's because as an employer, you can only go so far in providing remote work security. Most of the cyber security work from home measures are still left to your employees.

Therefore, you need to provide a clear remote working policy that outlines the following:

  • Remote worker security expectations
  • Employees security responsibilities
  • Security guidelines for hybrid and full-time remote workers
  • Device management measures to secure remote devices

You can start with a 30-day remote work security plan that provides a step-by-step guide on how to enhance security within the first month.

Make sure your remote working policy addresses all the security protocols and is well communicated to all remote employees to ensure compliance.

Playroll's uncompromising data and platform security adheres to the most comprehensive data security standards to ensure the safety of your data and information.

Cyber Security and Working From Home Security Compliance and Audits

Cybercriminals never relent in their efforts to cause harm, so you shouldn't. Once you've ensured application security and put in a robust remote working policy, you need to conduct regular security audits and continuous assessments. That helps identify vulnerabilities and fix them to ensure that your cyber security work from home security controls are working.

That will help you to:

  • Identify gaps and vulnerabilities
  • Ensure your remote worker security measures align with industry standards and regulations, like GDPR.
  • Continuously train remote employees and ensure they maintain compliance
  • Carry out comprehensive security audits to track data access and usage to demonstrate compliance.

Manage Your Remote Team Securely With Payroll

With over half of UK employers offering remote work, full-time and hybrid remote workweek arrangements are only expected to continue rising.

That underscores the need for businesses to implement robust cyber security work from home measures to provide secure remote worker environments and protect their sensitive data.

How to Define Full-Time vs Part-Time Employees

What is Considered Full-Time Employment?

In general, full-time employment refers to an employee who works full-time hours each week, typically ranging from 35 to 45 hours, depending on the employer’s policies and local labor laws. Full-time employees are often eligible for a wide range of benefits, including health insurance, paid leave, and retirement plans.

  • Legal Definitions and Eligibility: In the U.S., the Fair Labor Standards Act (FLSA) does not universally define full-time status, though certain benefits are tied to the number of hours worked. 
  • Typical Hour Thresholds: While the number of hours varies by employer, full-time employees generally work between 35 and 40 hours a week. This threshold can differ based on country or regional laws, but it serves as the basis for determining eligibility for benefits and other perks. 

What is Considered Part-Time Employment?

Part-time employment typically refers to employees who work fewer hours than full-time employees, often around 20 to 30 hours per week. These roles offer more flexibility but may come with fewer benefits and less job stability compared to full-time positions.

  • Legal Definitions and Eligibility: Again, labor institutions like the FLSA do not have a single, universally accepted legal definition for part-time employment. However, part-time workers generally work less than 30 hours per week. Employees who work part-time are usually not eligible for the same benefits as full-time employees unless specified by the employer or governed by local regulations. For instance, only 30% of part-time workers in the U.S. have access to employer-sponsored health insurance. However, many employers are choosing to offer more competitive benefits to part-time workers to attract and retain top talent.

Only 30% of part-time workers recieve employer-sponsored health insurance

"In the U.S., 85% of full-time workers recieve health insurance from their employers, but only 30% of part-time workers do." - Sci-Tech Today

  • Typical Hour Thresholds: Part-time employees generally work fewer than 30 hours per week. This threshold can vary, and in some countries, part-time status is determined based on a specific number of hours set by labor laws or employer policy.

Employment Type Comparison Chart

How Do Part-Time and Full-Time Employees Differ?

Eligibility for Benefits

Full-time employees often enjoy more comprehensive benefits than part-time workers. These benefits can include:

  • Health Insurance: Under the Affordable Care Act (ACA), employers with 50 or more full-time equivalent employees (also known as an Applicable Large Employer or ALE) are required to offer health insurance to those working 30 hours per week or more. Part-time employees are not automatically eligible for employer-sponsored health insurance under the ACA. 
  • Retirement Plans: Full-time employees are more likely to be offered retirement benefits, such as a 401(k), and employers may match contributions. Part-time employees may not receive retirement benefits or may be offered limited options.
  • Paid Leave: Full-time employees often receive paid time off (PTO), including vacation and sick days. Part-time workers may have limited or no paid leave, depending on the employer.

Job Stability and Scheduling

Full-time employees generally experience more predictable and stable work schedules, as their hours are set for the week. This stability can be attractive to employees seeking job security and to employers looking for a more stable workforce and consistent coverage.

In contrast, part-time employees may have more flexible schedules, which can be a benefit for workers seeking flexibility, but may result in less predictable hours for both the employee and employer.

Wages and Overtime

  • Wages: Full-time employees are often salaried, though some are paid hourly. Part-time employees are generally paid hourly, and their earnings are proportional to the hours worked.
  • Overtime: Full-time employees who are non-exempt (workers who qualify for certain protections under the FLSA) may be entitled to overtime pay for hours worked over 40 hours a week. Part-time employees can also be eligible for overtime if they work more than 40 hours per week, depending on their exempt or non-exempt classification.

Full-Time vs Part-Time Misclassification Risks

Employee misclassification occurs when an employer incorrectly classifies a worker as an independent contractor or part-time employee (rather than a full-time employee) or fails to properly classify the worker's exempt or non-exempt status under the FLSA. Misclassification can lead to violations of labor laws and a range of legal and financial consequences for both the employer and the employee.

Compliance and Legal Risks

Misclassifying employees as part-time when they should be full-time can lead to serious legal ramifications. For instance, employers who fail to provide health benefits under the ACA to employees who work 30 or more hours per week could face penalties.

Misclassification can also result in failure to pay overtime wages to workers who are entitled to them, violating laws laid out in the FLSA. This can lead to fines, back pay, and lawsuits.

Stay Compliant, Avoid Penalties

Avoid costly misclassification errors. Playroll automates payroll, ensuring your team is properly classified and compliant with all regulations.

Speak to an Expert


Financial Impacts

Misclassification can have significant financial consequences. These include:

  • Fines: Labor boards and tax authorities can impose fines for failing to comply with classification requirements.
  • Back Pay: Employers may owe back pay for overtime or benefits owed to misclassified employees.
  • Taxes: Incorrect classification can also result in additional taxes due to discrepancies in how employee hours and wages are reported to tax authorities.

Damage to Employer Reputation

Misclassification can damage the employer’s reputation, leading to:

  • Employee Dissatisfaction: Employees who are not receiving the benefits they’re entitled to may feel exploited, leading to poor morale.
  • Public Disputes: Disgruntled employees may take legal action or make complaints public, harming the company’s image.
  • Trust Erosion: Misclassification can undermine the relationship between the employer and employees, impacting retention and future recruitment efforts.

Create a culture...

“As a leader, you’ll want to create a culture not just of legal and regulatory compliance but more fundamentally grounded in reliability, ethics, and goodwill.” -Nien-hê Hsieh, Harvard Business School Professor

How Does Employment Type Impact Payroll? 

The employment type (full-time vs. part-time) plays a critical role in determining how payroll is structured and managed. 

  • Full-time employees often have more consistent paychecks, eligibility for a wider range of benefits, and access to overtime pay. 
  • Part-time employees typically receive hourly compensation with fewer benefits and may have a more flexible work schedule, but they are still subject to the same payroll tax deductions. 

Employers must carefully track employee hours, classification, and benefits eligibility to ensure accurate payroll processing and compliance with labor laws.

How Playroll Helps Employers Manage Employee Classifications & Payroll

Managing employee classifications and payroll across diverse global workforces can be complex, especially when dealing with evolving labor laws, tax regulations, and benefits requirements. Playroll’s suite of tools simplifies this process, ensuring compliance and cost efficiency for employers with international teams.

Playroll’s platform offers powerful all-in-one solutions, such as global payroll, for managing global workforces, helping employers stay compliant with local labor laws, tracking employee hours and compensation, and optimizing payroll costs. By automating payroll processes, offering real-time compliance monitoring, and providing detailed reporting, Playroll ensures that businesses can confidently manage employee classifications and compensation, no matter where their teams are located.

Book a chat with our team to find out how we can simplify global employment and payroll for your team.

Globalisation has paved the way for borderless employment, and companies around the world are grabbing the opportunity!

Aside from cultural diversity, having a mix of international employees helps attain various skill sets. But before diving head first into the global talent pool, a host of compliance boxes need to be checked to ensure that you are on the right track from the get-go!

Hiring International Employees: What you Need to Know

1. Obtaining certification

If you are based in certain countries like the US, you would need to apply for certification from the United States Department of Labor which states there are insufficient qualified local talent to perform a specific job function at the prevailing wage.

2. Advertise the Job Vacancy 

To hire compliantly in certain countries, you must meet specific employment regulations. This may be subject to race, gender, and location. Therefore, it is wise to research the countries you are looking to hire in before starting the interviewing process. 

3. Don’t forget the tax man

The saying is true - the tax man never sleeps, and hiring internationally means that companies must comply with country-specific taxation laws. Therefore, tax implications on foreign-sourced income must be planned for. While a company will likely be taxed on profits in its home country, additional taxes will typically be owed to the foreign country you are operating in. 

One challenge in tax planning and PE is that every country has the power to create unique standards and criteria for PE. In most cases, an international entity is liable for double taxation on their profits and employee tax. 

Tax treaties and foreign tax credits are sometimes made available to soften the blow, but this depends on the country of business operation and headquarters tax policies. 

4. Visa Applications

If you require a candidate to relocate, bear in mind that some new hires will need time to clear immigration issues and apply for visas. Due to the Covid-19 pandemic, many emigration offices across several countries are working against a backlog - meaning that it could take months to successfully obtain a visa. 

5. Get in Tune with Salary Increases and Employee Benefits 

In America, for example, salary increases are mandated. However, some countries like Canada do not mandate salary increases. 

In Brazil, union agreements dictate salary changes, while increases are needed only for employees making the minimum wage in Colombia.

Most Asia-Pacific countries do not insist on salary increases. Indonesia, Thailand, and India are among these countries. 

Other benefits include things such as the following.

  • Additional cash allowances for transportation, meals, or holidays.
  • Profit sharing: in Mexico, profit sharing is a requirement.
  • Transportation allowances are also expected for employee benefits in Brazil, Chile, and Colombia but not in the US or Canada. 

Why is Compliance Important when Hiring International Employees?

There's no doubt that employing and managing international teams is challenging.

Regulatory pitfalls and employee classification are not the only boxes to check when employing international talent. Businesses hiring overseas also need to prepare for: 

  • Working across different time zones
  • Payment and exchange rates
  • Employee Contracts
  • Statutory regulations

Hiring internationally demands more than just compliance knowledge. You must also understand local cultures, politics, and languages to achieve employee satisfaction, especially for remote work. But, let's face it; it's time-consuming and difficult to gain these insights for every country you choose to hire in!

If reading this makes hiring internationally feel increasingly out of reach, take comfort in that most of these challenges can be significantly smoothed out by partnering with an Employer of Record like Playroll. 

How an Employer of Record Can Help you Hire Internationally

An Employer of Record partner absorbs all legal responsibility for the international talent you hire and relocate, effectively acting as the legal employer (at least on paper).

EOR partners are responsible for:

  • Employment contracts
  • Processing multinational payroll,
  • Ensuring you are compliant in each country,
  • Managing tax and contributions
  • Taking care of termination and legal support
  • Paying bonuses and managing increases

Expanding your recruitment strategy internationally opens the door to attracting talented international employees who could help your business reach new heights. However, when doing so, it is important to comply with local and international hiring laws ensuring that both the company and your new talent are kept happy (and compliant!) in the long run!

Latest

Legal and Compliance

Read Time

December 10, 2024

How to Define Full-Time vs Part-Time Employees

What is Considered Full-Time Employment?

In general, full-time employment refers to an employee who works full-time hours each week, typically ranging from 35 to 45 hours, depending on the employer’s policies and local labor laws. Full-time employees are often eligible for a wide range of benefits, including health insurance, paid leave, and retirement plans.

  • Legal Definitions and Eligibility: In the U.S., the Fair Labor Standards Act (FLSA) does not universally define full-time status, though certain benefits are tied to the number of hours worked. 
  • Typical Hour Thresholds: While the number of hours varies by employer, full-time employees generally work between 35 and 40 hours a week. This threshold can differ based on country or regional laws, but it serves as the basis for determining eligibility for benefits and other perks. 

What is Considered Part-Time Employment?

Part-time employment typically refers to employees who work fewer hours than full-time employees, often around 20 to 30 hours per week. These roles offer more flexibility but may come with fewer benefits and less job stability compared to full-time positions.

  • Legal Definitions and Eligibility: Again, labor institutions like the FLSA do not have a single, universally accepted legal definition for part-time employment. However, part-time workers generally work less than 30 hours per week. Employees who work part-time are usually not eligible for the same benefits as full-time employees unless specified by the employer or governed by local regulations. For instance, only 30% of part-time workers in the U.S. have access to employer-sponsored health insurance. However, many employers are choosing to offer more competitive benefits to part-time workers to attract and retain top talent.

Only 30% of part-time workers recieve employer-sponsored health insurance

"In the U.S., 85% of full-time workers recieve health insurance from their employers, but only 30% of part-time workers do." - Sci-Tech Today

  • Typical Hour Thresholds: Part-time employees generally work fewer than 30 hours per week. This threshold can vary, and in some countries, part-time status is determined based on a specific number of hours set by labor laws or employer policy.

Employment Type Comparison Chart

How Do Part-Time and Full-Time Employees Differ?

Eligibility for Benefits

Full-time employees often enjoy more comprehensive benefits than part-time workers. These benefits can include:

  • Health Insurance: Under the Affordable Care Act (ACA), employers with 50 or more full-time equivalent employees (also known as an Applicable Large Employer or ALE) are required to offer health insurance to those working 30 hours per week or more. Part-time employees are not automatically eligible for employer-sponsored health insurance under the ACA. 
  • Retirement Plans: Full-time employees are more likely to be offered retirement benefits, such as a 401(k), and employers may match contributions. Part-time employees may not receive retirement benefits or may be offered limited options.
  • Paid Leave: Full-time employees often receive paid time off (PTO), including vacation and sick days. Part-time workers may have limited or no paid leave, depending on the employer.

Job Stability and Scheduling

Full-time employees generally experience more predictable and stable work schedules, as their hours are set for the week. This stability can be attractive to employees seeking job security and to employers looking for a more stable workforce and consistent coverage.

In contrast, part-time employees may have more flexible schedules, which can be a benefit for workers seeking flexibility, but may result in less predictable hours for both the employee and employer.

Wages and Overtime

  • Wages: Full-time employees are often salaried, though some are paid hourly. Part-time employees are generally paid hourly, and their earnings are proportional to the hours worked.
  • Overtime: Full-time employees who are non-exempt (workers who qualify for certain protections under the FLSA) may be entitled to overtime pay for hours worked over 40 hours a week. Part-time employees can also be eligible for overtime if they work more than 40 hours per week, depending on their exempt or non-exempt classification.

Full-Time vs Part-Time Misclassification Risks

Employee misclassification occurs when an employer incorrectly classifies a worker as an independent contractor or part-time employee (rather than a full-time employee) or fails to properly classify the worker's exempt or non-exempt status under the FLSA. Misclassification can lead to violations of labor laws and a range of legal and financial consequences for both the employer and the employee.

Compliance and Legal Risks

Misclassifying employees as part-time when they should be full-time can lead to serious legal ramifications. For instance, employers who fail to provide health benefits under the ACA to employees who work 30 or more hours per week could face penalties.

Misclassification can also result in failure to pay overtime wages to workers who are entitled to them, violating laws laid out in the FLSA. This can lead to fines, back pay, and lawsuits.

Stay Compliant, Avoid Penalties

Avoid costly misclassification errors. Playroll automates payroll, ensuring your team is properly classified and compliant with all regulations.

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Financial Impacts

Misclassification can have significant financial consequences. These include:

  • Fines: Labor boards and tax authorities can impose fines for failing to comply with classification requirements.
  • Back Pay: Employers may owe back pay for overtime or benefits owed to misclassified employees.
  • Taxes: Incorrect classification can also result in additional taxes due to discrepancies in how employee hours and wages are reported to tax authorities.

Damage to Employer Reputation

Misclassification can damage the employer’s reputation, leading to:

  • Employee Dissatisfaction: Employees who are not receiving the benefits they’re entitled to may feel exploited, leading to poor morale.
  • Public Disputes: Disgruntled employees may take legal action or make complaints public, harming the company’s image.
  • Trust Erosion: Misclassification can undermine the relationship between the employer and employees, impacting retention and future recruitment efforts.

Create a culture...

“As a leader, you’ll want to create a culture not just of legal and regulatory compliance but more fundamentally grounded in reliability, ethics, and goodwill.” -Nien-hê Hsieh, Harvard Business School Professor

How Does Employment Type Impact Payroll? 

The employment type (full-time vs. part-time) plays a critical role in determining how payroll is structured and managed. 

  • Full-time employees often have more consistent paychecks, eligibility for a wider range of benefits, and access to overtime pay. 
  • Part-time employees typically receive hourly compensation with fewer benefits and may have a more flexible work schedule, but they are still subject to the same payroll tax deductions. 

Employers must carefully track employee hours, classification, and benefits eligibility to ensure accurate payroll processing and compliance with labor laws.

How Playroll Helps Employers Manage Employee Classifications & Payroll

Managing employee classifications and payroll across diverse global workforces can be complex, especially when dealing with evolving labor laws, tax regulations, and benefits requirements. Playroll’s suite of tools simplifies this process, ensuring compliance and cost efficiency for employers with international teams.

Playroll’s platform offers powerful all-in-one solutions, such as global payroll, for managing global workforces, helping employers stay compliant with local labor laws, tracking employee hours and compensation, and optimizing payroll costs. By automating payroll processes, offering real-time compliance monitoring, and providing detailed reporting, Playroll ensures that businesses can confidently manage employee classifications and compensation, no matter where their teams are located.

Book a chat with our team to find out how we can simplify global employment and payroll for your team.

Legal and Compliance

Read Time

October 31, 2024

National Insurance and Minimum Wage Changes 

As 2025 approaches, UK employers should prepare for a series of regulatory and budgetary changes that will impact their responsibilities and payroll costs. Below are the most important updates from the Autumn Budget and the upcoming Employment Rights Bill that employers need to know. 

Key Budget Changes for Employers

Employer National Insurance (NI) Contributions Increase

  • Effective Date: 1 April 2025
  • How It Impacts Employers: Employer NI contributions will rise by 1.2 percentage points, increasing from 13.8% to 15%. Employers should anticipate higher payroll costs starting April 2025.

Lowered NI Threshold for Employers

  • Effective Date: 1 April 2025
  • How It Impacts Employers: The threshold at which employers start paying NI will drop from £9,100 to £5,000. This change will lead to NI payments on a larger portion of payroll, raising costs, especially for lower-wage positions.

Minimum Wage Increases

  • Effective Date: 1 April 2025
  • For Ages 21+: The minimum wage will increase by 6.7%, reaching £12.21 per hour. Employers must ensure wage compliance across all age groups and consider the implications on wage budgets.
  • For Ages 18-20: Minimum wage will rise by 16.3%, bringing it to £10 per hour. Employers will need to update pay scales and budget for these increases.

Future Tax Threshold Adjustments

  • Effective Date: 2028
  • How It Impacts Employers: The freeze on tax thresholds will end, with bands increasing annually in line with inflation. Employers should ensure payroll systems can accommodate these adjustments, which could impact income tax deductions.

Additional Budget Tax Measures for Businesses

The Autumn Budget also introduced tax incentives designed to stimulate investment and growth in certain business areas, which may benefit employers looking to expand or modernize.

Full Expensing Relief Extended

  • Effective Until: 2026
  • How It Impacts Employers: Businesses investing in qualifying plant and machinery can offset 100% of investment costs against taxable income. Employers considering facility upgrades or technology investments can benefit from this immediate tax relief.

Enhanced Research and Development (R&D) Credits

  • How It Impacts Employers: New reforms allow businesses that engage in R&D, particularly in technology and manufacturing sectors, to claim higher tax reliefs. Small and medium-sized enterprises are eligible for additional credits when they are intensive R&D spenders.

Corporate Tax Surcharge Adjustments for Banks

  • How It Impacts Employers: For banks, the surcharge on profits above £100 million has been increased to account for changes in the corporate tax rate, which could impact financial employers directly.

Employers in these sectors or those considering capital investments can leverage these tax reliefs to offset potential payroll cost increases in 2025.

Upcoming Employment Law Reforms 

The UK Employment Rights Bill, as introduced to Parliament, proposes significant changes affecting employee protections, flexible work arrangements, and dismissal rights. Here’s what employers should prepare for:

Key Employment Rights Bill Provisions

Statutory Sick Pay (SSP) Reforms

  • Effective Date: Expected Early 2025
  • How It Impacts Employers: The current three-day waiting period for SSP will be removed, making SSP payable from Day 1. Additionally, the Lower Earnings Limit (LEL) for SSP qualification will be removed, and the government will review the appropriate SSP rate for low earners.

Unfair Dismissal Rights

  • How It Impacts Employers: Employees will gain the right to claim unfair dismissal from Day 1, though a proposed 9-month probationary period would allow for simplified termination of employment without a full process. Employers should monitor further guidance on probationary period rules.

Flexible Working Rights

  • How It Impacts Employers: Employees will have the right to request flexible working arrangements from Day 1. Employers can still refuse requests if statutory grounds for refusal are provided, ensuring that each request is fully considered.

Guaranteed Contracts for Regular Hours

  • How It Impacts Employers: Workers with regular hours over a 12-week period can request a guaranteed contract. For those who prefer to retain zero-hour arrangements, there will still be an option to opt out.

Automatic Unfair Dismissal for "Fire and Rehire"

  • How It Impacts Employers: Termination and re-engagement, or "fire and rehire," will be considered automatic unfair dismissal. The only exception is in financial situations where the business’s viability is at risk.

Collective Redundancy Consultations

  • How It Impacts Employers: Employers will be required to conduct collective consultations for redundancies affecting 20 or more employees.
  • Strengthened Protections for New Parents and Pregnant Employees
  • How It Impacts Employers: Employees returning from family leave will be protected against dismissal for six months after their return.

Third-Party Harassment Protections

  • How It Impacts Employers: Updates to the Equality Act 2010 will establish express protections against third-party harassment and strengthen employers’ duty to prevent sexual harassment.

Gender Pay Gap and Menopause Support Action Plans

  • How It Impacts Employers: Large employers (250+ employees) will be required to publish gender pay gap action plans and provide support for employees through menopause.

5 Steps To Prepare for The Changes As An Employer

Employers should begin assessing the financial impact of these updates on payroll, benefits, and operational policies. To stay compliant, adjustments to payroll systems, employment policies, and potentially even hiring budgets may be necessary. By adapting promptly and staying informed on shifting regulations, employers can stay ahead of the curve.

Here’s how to get started:

1. Adjust Your Budget 

Plan for increased payroll costs due to NI and minimum wage changes and review any potential tax incentives that may help offset costs, such as R&D credits or full expensing.

2. Make Updated To Employment Policies 

Ensure employment policies reflect new flexible working rights, guaranteed-hour contracts, and dismissal protections. Update your onboarding process to clarify probation terms and new rights from Day 1.

3. Review and Strengthen Harassment Policies

Strengthen policies against workplace harassment, with clear measures in place to prevent third-party harassment and ensure compliance with the Equality Act amendments.

4. Have An Action Plan For Gender Pay Gap Reporting 

For large employers, begin gathering data and establishing action plans to meet gender pay gap reporting requirements and support for menopausal employees.

5. Update Your Payroll Processes 

Update sick leave policies and payroll processes to accommodate SSP from Day 1 and prepare for changes to the Lower Earnings Limit in SSP calculations.

Stay Compliant With UK Employment Regulations

By proactively addressing these changes, employers can minimize disruptions, avoid any penalties and stay in line with the UK’s evolving employment landscape.    

It doesn't have to be complicated to stay compliant. Playroll's on-the-ground employment experts can do the heavy-lifting to ensure compliance with shifting employment regulations, and inform you how these policies impact your organizations. Book a time with a UK employment consultant to learn how we can support your business.  

Legal and Compliance

Read Time

September 28, 2024

GDPR is a global data privacy framework that prioritizes the protection of personal data protection and enforces strict data handling standards. An Employer or Record, or EOR, is a third-party service provider taking on the responsibilities of an employer ensuring cost-effective and compliant solutions for companies setting up distributed workforces.

A Basic Understanding of GDPR

In a world where digital information is everywhere, protecting personal data has become more important than ever. The General Data Protection Regulation, or GDPR,  which was put into effect in 2018 within the European Union and globally, is an important milestone in the age of data privacy, introducing clear guidelines on how to treat personal data carefully and transparently. The primary focus of GDPR is to protect the privacy and personal data of citizens within the EU, irrespective of where that data is used or stored. GDPR is a strict regulatory framework that dictates how companies manage and store personal data, how data breaches should be reported on and the penalties that may come into play in situations of non-compliance.

Navigating the regulatory and compliance landscape can be overwhelming and complex. Questions like "Who is responsible for what under GDPR?" are common. 

Using an Employer of Record (EOR) service like Playroll, can shield you from compliance risks associated with the employment of your workforce or contract talent. An Employer of Record takes on the compliance burden, which is why we pride ourselves on our commitment to upholding privacy and compliance.

This blog is designed to guide you through the ins and outs of GDPR responsibilities, equipping you everything you need to stay compliant in a complex and ever-evolving regulatory landscape.

GDPR Compliance: The Role of Employers of Record

An Employer of Record (EOR) serves as a third-party company which becomes the legal employer of a client companies workforce, including full-time employees, contractors, or remote workers. EORs manage employment and HR tasks including:

  • Employment status of your employees and liability,
  • Legal contracts through our legal partners,
  • HR administration and documentation,
  • Global payroll for your team,
  • Salaries and benefits for your employees.

An Employer of Record is the go-between for a company and its employees, making sure that employees are hired compliantly in line with local laws and regulations and can streamline the intricacies involved with international employment, without needing to establish legal entities.

EOR Services and GDPR Guidelines

Employer of Record services frequently handle sensitive information, including payroll, taxes and HR information for customers and employees on a global scale. GDPR serves as a protective measure, ensuring that entities like Employer of Record services prioritise the privacy rights of employers' data protection. Let's explore the specific guidelines Employer of records need to follow to adhere to GDPR standards:

  1. Permission and transparency: Under the GDPR mandate, EORs need to obtain explicit and informed consent from employees and customers to process their data, they also need to be made aware how their data will be used and the specific purpose it will serve.
  2. Accountability and documentation: Under GDPR regulations,  Employer of Record services are required to document how they process data and the exact efforts, controls and measures that are put in place to adhere to these guidelines.
  3. Cross-border data exchange: Because Employer of Record services operate on a global scale, cross-border transfer of data is common practice. To comply with GDPR guidelines, strict protocols need to be followed, to protect the data when it leaves the EU or EEA (European Economic Area).
  4. Data access and transferability: Under GDPR employees have the right to access their personal data stored by EORs and request its transfer. EORs need to put processes in place to quickly handle these requests.
  5. Data breach disclosure: In the event of a data breach, Employer of Record services are legally obligated to inform those impacted, including the relevant supervisory authority within the GDPR-stipulated time frames.
The importance of GDPR compliance for data protection

The Impact of GDPR on EOR Clients and Employees

GDPR has become an important framework that shapes how companies manage personal information, and for businesses that use Employer of Record services to manage their global workforce, GDPR is both a legal obligation and an essential element of ethical workforce management. 

The Responsibilities and Benefits of GDPR for EOR Clients

In the world of Employer of Record (EOR) services, GDPR compliance is about striking a balance between safeguarding data and cultivating trust to ensure both data security and competitiveness within the market. Let’s explore the responsibilities in more detail:

GDPR Responsibilities: Data Management and Processing

EOR Clients play an important role in maintaining GDPR compliance which involves careful data management, obtaining employee consent to process data and ensuring that the right systems and protocols are put in place for secure data transfer and security. Here’s a detailed list of the data management and processing responsibilities that businesses need to implement to remain compliant.

  • Maintain a comprehensive record of all stored personal data. 
  • Implement secure data transfer mechanisms, for cross-border data transfers.
  • Embed privacy measures into the design of systems, products, and processes.
  • Enable data subjects' rights, such rights access, correction and data deletion.
  • Create an Incident response plan for data breaches.
  • Conduct regular audits and assessments of security protocols and systems.
  • Comply with GDPR regulation on cross-border data transfers.

GDPR Benefits: Risk Mitigation and Legal Protection

By adhering to GDPR, companies can proactively reduce the risk of legal hiccups, build trust among their workforce, enhance their reputation, and offer a competitive edge, particularly in areas where data privacy is top priority.

  • Strengthens data security reducing the risk of data breaches.
  • Encourages collecting only essential data, minimising processing risks.
  • Ensures informed consent, reducing unauthorised data processing risks.
  • Streamlines data subject rights, reducing the legal risk.
  • Demonstrates a commitment to data protection through documentation, reducing legal ambiguity.
  • Establishes trust with customers and stakeholders,  reducing reputation risks.
  • Provides a competitive edge in markets where data privacy is a critical concern, appealing to privacy-conscious customers.

The Impact of GDPR Compliance on Employees

GDPR compliance significantly impacts employees by enforcing superior data protection measures, providing greater transparency in how data is processed and managed - giving employees enhanced control over their personal data. Companies that adhere to GDPR compliance build trust within their workforce which contributes to a more secure and transparent work environment.

Here's how GDPR supports employees:

  • Ensures privacy and security.
  • Grants data access and control.
  • Simplifies data management.
  • Promotes clear communication.
  • Prioritizes consent-driven data processing.
  • Informs employees about data use.
  • Enforces accountability for responsible data handling.
  • Builds trust and confidence at work.

What are the GDPR Requirements?

The General Data Protection Regulation (GDPR) lays out a strict framework that organisations must follow to safeguard the personal data of their employees. Here's a snapshot of the key GDPR requirements:

  • Data subject rights: Under GDPR individuals (also known as data subjects) have the right to access, rectify and erase their data including the right to object to their data being processed and transferred. 
  • Data processing principles: GDPR states that companies must comply with specific data processing principles, which includes lawfully, fairly and transparently processing data. Data should also only be collected for specific and lawful purposes and must be accurately stored and kept up-to-date.
  • Record keeping and reporting: Under GDPR companies need to document all activities that involve the processing of data and in some instances should appoint a Data Protection Officer (DPO). They should also report any data breaches to the impacted data subjects and relevant bodies within the required time frames.  

Basically, any information that can be used to identify a person must be handled in accordance with GDPR, and any company in control of personal data is subject to these regulations. Simply put, any company in any industry operating outside the EU must comply, as this regulates the export of personal data intra and extra-eu. 

Violations of GDPR are Costly

While the standards of the GDPR are high, the fines and penalties for violations and non-compliance with GDPR are even higher. Fines for a single violation can run as much €20 million, or 4% of global annual revenue – whichever is higher.

This means that even the largest multinational corporations with significant revenue streams can find themselves on the hook for eye-watering fines if they fall short of GDPR requirements, so 

Legal costs can quickly mount when dealing with GDPR violations, because organizations often need the support of legal experts to navigate the intricate regulatory landscape, which can in many cases lead to extensive and costly legal disputes. The damage of GDPR violations also extend beyond penalties and fines and can significantly harm a company's reputation, undermining trust and potentially resulting in the customer churn which can have longer term financial implications. What's more, because of GDPR's global reach,  non-compliance can also hurt a company's operations outside the EU, potentially leading to further financial damage  and marginalisation. 

It comes as no surprise that businesses are taking a proactive approach to preparing for GDPR regulations, with many organisations across multiple sectors  now investing in robust data protection infrastructure, staff training, and reliable cybersecurity measures.

Why use an EOR for GDPR Compliance?

Employers of Record Services (EORs) play a vital role in helping clients achieve GDPR compliance and avoiding pricey violations. EORs implement strong data security measures to protect employee data, preventing unauthorized access and data breaches and can protect employers from the significant costs of hiring full-time regulatory experts to take on the responsibilities that GDPR compliance presents. With fixed monthly fees, an EOR service like Playroll can take the sting out of  navigating the complex GDPR Compliance maze that comes with Global expansion, saving time and money and giving businesses the bandwidth to focus on their core operations with confidence that their customer and employer data is secure at all times.

Here's how Playroll goes the extra mile to secure global compliance - safeguarding customer and employee data at all times:

  • Using encryption mechanisms,
  • Implementing access controls,
  • Establishing secure storage systems,
  • Implementing consent mechanisms, 
  • Maintaining consent records,
  • Conducting regular compliance audits,
  • Preparing for data subject requests,
  • Responding to data subject requests,
  • Preparing data breach notifications.

Best Practices for Maintaining GDPR Compliance as an EOR

Employer of Record (EOR) services play a critical role in helping organizations to achieve GDPR compliance, by implementing strong data security measures, consent management, and conducting regular compliance audits. To ensure GDPR compliance while using Employer of Record services, clients make sure to follow these best practices:

  • Select a GDPR-Compliant EOR: Choose an EOR with a demonstrated track record of GDPR compliance. Evaluate their data security measures, consent management processes, and legitimacy of their compliance audits.
  • Establish data retention policies: According to GDPR data should only be stored for as long as required and only for the purpose for which it was collected. Data retention policies should also be implemented in collaboration with an EOR. 
  • Clearly define data processing procedures: To ensure that data is collected and processed lawfully,  collaborate with your Employer of Record partner to outline the purpose and extent of data processing activities.
  • Effectively manage cross-border data transfers: Companies that have an international presence, should pay careful attention to the transfer of data across borders and must ensure that protective measures are put in place, when employee data is transferred outside of the EU.
  • Educate your workforce: Provide regular training for your employees on the significance of data protection and GDPR compliance, with special focus on their rights and responsibilities and the specific data processes procedures that exist. 
  • Regularly evaluate compliance: Conduct regular compliance audits in collaboration with your Employer of Record service provider and stay up-to-date on any changes in the regulatory framework.

Playroll's Commitment to GDPR Compliance

At Playroll data security is seamlessly woven into every facet of our operations. Because we take security seriously, we’ve built a robust GDPR programme committed to protecting the data and privacy of our customers and their employees. 

  • We regularly improve our security measures to protect your data and follow GDPR rules.
  • We use strong security measures like secure system architecture, data encryption, regular system backups and security configuration adjustments. 
  • We follow clear guidelines for how long we store data, with a dedicated Data Protection Officer to oversee this.
  • Our staff regularly undergo training to understand data privacy regulations.
  • We respond quickly to requests, work closely with third parties in line with GDPR guidelines and actively follow our privacy policy.
  • We always have a legal reason for processing data and meticulously ensure that it complies with GDPR guidelines.
Legal and Compliance

Read Time

September 6, 2024

Country By Minimum Wage In 2024

Despite the ongoing debate over what constitutes an adequate minimum wage, it is a widespread tool in labor regulation, adopted by over 90% of countries globally:

Net minimum monthly wages worldwide in 2024
Country Net minimum wage per month (U.S. dollars)
Luxembourg $2,459
Netherlands $2,326
Australia $2,150
Ireland $2,020
New Zealand $1,977
United Kingdom $1,937
Germany $1,729
Canada $1,633
United States $1,619
Belgium $1,617
France $1,505
Puerto Rico $1,476
South Korea $1,415
Israel $1,175
Spain $1,134
Saudi Arabia $960
Cyprus $953
Slovenia $946
Hong Kong $887
Malta $869
Estonia $821
Taiwan $821
Poland $785
Lithuania $762
Portugal $756
Croatia $729
The Czech Republic $722
Greece $718
Slovakia $662
Latvia $647
Turkey $596
Hungary $499
Montenegro $484
Uruguay $461
Romania $450
Serbia $435
Chile $423
Bosnia and Herzegovina $418
Ecuador $417
Guatemala $402
Bulgaria $398
Mexico $397
Albania $367
North Macedonia $353
Paraguay $330
Colombia $328
Bolivia $298
Argentina $297
Malaysia $282
Brazil $263
Peru $240
Moldova $239
South Africa $233
Thailand $203
Azerbaijan $186
Indonesia $184
Russia $180
Belarus $164
Vietnam $161
Kazakhstan $160
Philippines $156
Ukraine $156
Armenia $136
Pakistan $114
India $99
Uzbekistan $75
Nigeria $68

Source: Statista, 2024

Worldwide, minimum net monthly wages vary from almost 2,500 U.S. dollars in Luxembourg to 68 dollars in Nigeria as of January 2024. Minimum wages must be seen in relation with price levels in a country. One popular way to measure purchasing power is the Big Mac Index.

Determining the Minimum Wage: A Global Perspective

Minimum wage regimes vary extensively worldwide, shaped by a complex mix of laws, institutional arrangements, and collective bargaining. They are not randomly assigned values but the outcome of negotiations involving a country's social and political forces—trade unions, employers' associations, and governments.

International discourse often emphasizes increasing minimum wages to counter in-work poverty, a sentiment that gained momentum during the COVID-19 crisis as essential workers' low wages came under scrutiny. With each country's approach reflecting its unique economic and labor landscape, the ongoing challenge is to strike a balance between protecting workers and fostering economic health.

Minimum Wage Variations

Picture this: in some places, there's a single minimum wage that covers everyone, no matter the job—pretty straightforward, right? This is what we call a universal regime. It's like having one rule for all, usually set by the national government.

Now, in the European Union, for example, most countries follow this universal approach with a one-size-fits-all minimum wage. But then, there are places like the United States or Canada, where things get a bit more local. States or provinces set their own minimums, which can be higher than the national floor. So, if you're in California or Ontario, the minimum wage might be different than in Texas or Quebec.

And then, there's the sectoral approach—think of it as custom-tailored wages for specific industries. Maybe you're a barista, a construction worker, or a nurse; your minimum wage is decided by the norms of your particular field.

Whether it's a universal rate that blankets the entire workforce or varied sectoral wages, the idea is to ensure you get a fair shake for a hard day's work, no matter the zip code or job title.

Exemptions and Special Cases in Minimum Wage Laws

Of the G20 countries, Argentina saw the largest increase of the net minimum wage from January 2023 to January 2024, with wages increasing by almost 140 percent. This must be seen in relation to the country's soaring inflation rates. The same can be said of Turkey, where minimum wages almost doubled from 2023 to 2024.

Annual net change of net minimum monthly wages in G20 countries, January 2023 - January 2024
Country YoY Change To The Minimum Wage
Argentina 138.4%
Turkey 99.9%
Russia 18.5%
Mexico 12.6%
South Africa 9.4%
Brazil 8.3%
Australia 7.4%
United Kingdom 7.3%
Indonesia 7.1%
Canada 6%
India 5.9%
United States 4.5%
France 3.4%
South Korea 3%
Germany 2.8%
Saudi Arabia 0%

Source: Statista, 2024

Of the G20 countries, Argentina saw the largest increase of the net minimum wage from January 2023 to January 2024, with wages increasing by almost 140 percent. This must be seen in relation with the country's soaring inflation rates. The same can be said of Turkey, where minimum wages almost doubled from 2023 to 2024.

When it comes to minimum wage, it's not always a one-rule-fits-all situation. In many places, especially across Europe, how much you should get paid at the very least might come from a national law, but it's not just plucked out of thin air. The government usually chats with employers and unions to figure it out. Sometimes, when everyone can't agree, the government steps in and sets the wage itself.

Now, let's take a quick trip north. In countries like Denmark and Sweden, instead of one blanket minimum wage, they have special pay rates for different job sectors. Think of it like a menu of wages tailored to each industry. Even in countries like Germany, which jumped on the national minimum wage bandwagon in 2015, this sector-specific approach was the go-to for ages.

And then there's Uruguay, a standout place where sector-level bargaining sets the pace, even with a national minimum wage in play. These special cases show that when it comes to ensuring fair pay, there's more than one way to bake the cake.

Ensure Accurate, Timely Wages With Playroll

Navigating miminum wage and staying compliant with ever-changing employment laws can be complex, but it doesn't have to be. Playroll is an EOR service that can help you employ, pay and manage international workers in 180+ countries. Our team of experts ensures on-time payroll for your remote workforce, every time, and ensures compliance with all local labor laws so you can focus on scaling your business.

Book a demo with our team to find out how we can help scale your remote team.

Legal and Compliance

Read Time

September 5, 2024

Why should businesses care about the risks of misclassifying employees as contractors?

In recent years, the gig economy has seen a sharp increase as employers enjoy the flexibility of hiring skilled workers on a project-by-project basis.  However, between 10-30% of US employers are misclassifying their workers, according to the National Employment Law Project. 

There are a few reasons the authorities take this especially seriously:

  • A loss of revenue on income taxes: When misclassifying workers, employers may not withhold the correct amount of employment taxes required by law. By some estimates, $3-4 billion is lost annually due to misclassification.  
  • A loss of employee benefits and protections: Misclassification deprives employees of their statutory benefits and employee protections, such as leave, insurance and social security, leading to potential reputational harm and legal fallout for you as an employer. 
  • Employers who misclassify their employees could gain an unfair advantage over compliant businesses by avoiding certain required employer costs and legal obligations.

While this guide focuses on U.S. regulations, businesses operating internationally should be aware that employee misclassification carries similar risks across many countries, with varying legal frameworks.

What are the differences between employees and independent contractors in the U.S.?

There  are several distinct differences between full-time employees and independent contractors. Here’s a summary of the key differences:

Type Employees Independent Contractors
The differences between independent contractors and employees
The nature of work Employees are appointed with the intention of performing work in the long-term for a single employer, often with no fixed end date to the employment contract. Contractors are hired for short-term work on a project-by-project basis, often with a fixed end date attached to a contract. They can work for multiple employers.
Control Employers have more oversight when it comes to the work performed by employees. Contractors have more freedom to conduct the work as they see fit, since they are in business for themselves.
Employee benefits Full-time employees have access to mandatory employee benefits and protections. In the United States, this includes Medicare, Social Security, unemployment insurance, and workers' compensation, as well as overtime pay, a set minimum wage and paid or unpaid sick leave. Independent contractors are not entitled to employee benefits or protections, and may need to purchase their own health insurance or other benefits.
Income tax Employers are responsible for withholding and paying certain taxes for their employees, including income tax, social security taxes, and payroll taxes. Independent contractors are responsible for their own tax obligations, including paying self-employment tax, which includes social security and Medicare tax.

The penalties of misclassifying employees as independent contractors in the U.S.

If an employer misclassified workers as independent contractors, they may be required to pay back taxes, penalties, and interest on unpaid taxes. Employers may also be subject to legal action by the Internal Revenue Service (IRS) or other US tax authorities. Misclassified employees may not get tax benefits like the earned income tax credit if they are labeled as independent contractors. 

Here are all the potential consequences of employee misclassification:

Civil Penalties

Misclassifying employees as independent contractors can trigger IRS audits. If the misclassification is deemed unintentional, civil penalties include:

  • A $50 fine for each unfiled Form W-2.
  • 1.5% of wages, along with 40% of unpaid FICA taxes (Social Security and Medicare), plus the employer’s full share of FICA taxes.
  • Interest penalties on these amounts, accruing from the due date.
  • A failure-to-pay penalty of 0.5% per month, up to 25% of the total tax liability​.

Additional penalties for fraud or intentional misconduct

If the IRS identifies fraudulent intent, additional penalties may include:

  • 20% of wages.
  • 100% of FICA taxes (both employer and employee portions).
  • Criminal fines up to $1,000 per misclassified worker and possible imprisonment​.

Class-action lawsuits and back pay

Employees can sue for back wages, including unpaid overtime and benefits, if misclassified. This may involve costly retroactive compensation for benefits like health insurance and retirement plans that the employee was entitled to​

Damage to your reputation

Besides pure financial cost, the long-term effects of being found guilty of employee misclassification can be devastating. Bad press, drawn out legal battles and the impression that you are treating workers unfairly will impact your ability to attract new talent and retain your existing staff. 

Examples of misclassification penalties

How have cases of misclassification played out in practice? These prominent legal cases highlight how hefty the consequences of misclassification can get:

  • In 2022, Uber and its subsidiary, Rasier LLC, paid $100 million in unpaid state payroll taxes and penalties in New Jersey, after being convicted of misclassifying nearly 300,000 drivers.
  • Nike faces potential tax fines of more than $530m,  as they may have misclassified thousands of temporary office workers.
  • FedEx paid a $228 million settlement in a lawsuit alleging that they had incorrectly classified more than 2000 drivers in California. 

How to determine if your worker is an independent contractor or an employee in the U.S.

So, how can you be certain that you’re classifying your workers correctly? It can get surprisingly complicated to distinguish correctly between employees and independent contractors. 

There are a number of tests in the US that can guide employers to distinguish correctly between the two. Two of the most relevant tests that businesses can use include:

Common-law test

The IRS distinguishes between workers under common-law rules according to the categories of behavioral control, financial control and the relationship between parties. Some questions the IRS asks as part of this test includes:

  • Does the company control how the worker completes the work?
  • Does the company reimburse expenses and cover the costs of necessary tools and supplies?
  • What is the nature of the written agreements between the worker and the company? 
  • How permanent is the working relationship? 
  • Is the work integral to the business of the organization?

Get more details on the questions the IRS asks for each of these categories here

Companies and individuals can also file IRS Form SS-8, requesting that the IRS conduct an official audit to determine a worker’s status.

The Economic Reality Test

In January 2024, the Department of Labor (DOL) published a final rule revising how employees and independent contractors are classified under the Fair Labor Standards Act (FLSA). The final rule looks at these six factors when distinguishing between contractors and employees:

  • Opportunity for profit or loss depending on managerial skill
  • Investments by the worker and the potential employer
  • Degree of permanence of the work relationship
  • The nature and degree of control
  • The extent to which the work performed is an integral part of the employer's business

Get more details on the economic reality test here.

The reasonable basis test

This test looks at how the courts and the IRS have classified similar workers in your company or your industry in the past, rather than examining the nature of the working relationship. There are several conditions in this test, that could mean you have a reasonable basis for classifying a worker as a contractor. 

These include, for example:

  • A court ruling exists that treats workers in similar circumstances as non-employees.
  • There is a past IRS payroll audit that didn't find workers in similar positions at your company to be employees.

Get more details on the reasonable basis test here.

How Other Countries Handle Employee Misclassification

Employee misclassification is not unique to the United States and is an issue in many countries around the world. Employers should be aware of the labor laws in the countries where they operate and ensure that they are correctly classifying their workers. 

Many countries have laws and regulations that are similar to those in the United States, such as tax obligations for employers. In addition, some countries have specific laws and regulations related to worker classification that employers must follow.

Avoid The Risks Of Employee Misclassification With Playroll

Employee misclassification is a complex issue with significant legal and financial repercussions for US companies. One way to avoid the penalties of misclassification, is to partner with a team of experts that know the rulebook when it comes to compliance.

An Employer Of Record like Playroll removes the risk of hiring full-time employees and contractors alike, in the United States and beyond. Dedicated legal and HR experts will help you correctly classify your workers, and convert contractors to employees if needed.

Playroll helps companies expand their teams worldwide and keep talented employees, with a robust infrastructure of established entities in over 180 countries, ensuring ongoing compliance.

Legal and Compliance

Read Time

May 21, 2024

If you’re looking to add a talented international workforce to your operations, one of the greatest challenges faced by global businesses today involves upholding comprehensive procedures regarding recruitment, retention, compensation, benefits and compliance.

Global employer extending operations? You may run into complexities that your current global HR team may not handle efficiently. In that case, it may be time to consider an international professional employer organization (PEO) to take advantage of some of the following benefits:

  • Leveraging international compliance experts
  • Accelerating your expansion
  • Avoiding penalties
  • Experiencing better cost savings
  • HR outsourcing & operations assistance
  • Access to a larger hiring pool
  • Improved morale
  • Better data and HR analytics
  • Local PEO vs International PEO

    Before jumping into the potential benefits of partnering with an international PEO, it’s worth touching on the differences between an international professional employer organization (PEO) and a domestic PEO. To that end, you’ll want to consider your:

    • Business size – Certified PEOs are generally well suited for small to medium-sized businesses that don’t have the resources to fully handle their human resource needs. While a business of under 10 employees might be too small for a PEO, something closer to 20 employees could be a perfect fit. However, international PEOs will likely partner with larger businesses looking to expand overseas.
    • Employee pool – The expertise of domestic PEOs is more locally based. They may have extensive knowledge of local employment laws relating to employee's day-to-day and taxes in numerous states, but likely not across countries. If your employee pool is international or you’re looking to expand globally, you’ll need to recruit the expertise of an international PEO.
    International PEO globe

    Why Should You Parter with a PEO?

    Partnering with a certified PEO offers transformative benefits for businesses seeking streamlined HR services. Certified PEOs (CPEOs) undergo rigorous IRS certification, ensuring they meet high standards of compliance, financial stability, and operational excellence. By collaborating with a certified PEO, businesses can confidently delegate essential HR tasks like payroll, benefits administration, and compliance management.

    1. Leverage International Compliance Experts

    Expanding your HR team internationally involves various services that will require effective communication within international employees. Fortunately, international PEOs offer better benefits and have several systems in place to help your business manage the following:

    • Compliant onboarding and offboarding
    • Payroll and benefits
    • Medical and life insurance
    • Compliance
    • Tax withholdings
    • Government-required reporting

    In short, rather than allotting employee management tasks to making additional HR hires and implementing training programs, business leaders can tap into an existing network of experts to streamline their expanding operations.

    Read more: Important Things Every HR Practitioner Should Consider when Choosing an International Employer of Record

    2. Accelerate Your Expansion

    If you’re thinking of expanding your business internationally, you probably don’t want to wait an exorbitant amount of time before you dip into international markets. However, the paperwork alone will probably slow things down considerably. Also, if you have plans to expand into more than one country, there may need to consider additional regulations and requirements. 

    3. Avoid Penalties With International Law Expertise

    Local employment laws that apply to taxation and hiring can be complicated enough to keep your HR team consistently busy. Just being sure that you have the necessary knowledge to stay in compliance is a full-time job. Now you need to expand that internationally.

    The likelihood of an error goes up exponentially as your company expands to more global markets, which may lead to:

    Even the best training can’t equal the years of experience with international laws that you’ll have access to by working with an International PEO. For instance, at Playroll, we’re backed by VAT IT Group, which works with over 50% of Fortune 500 companies, culminating in the expertise of working with over 13,000 companies in over 180 countries. 

    4. Better Cost Savings

    International business expansion can be very expensive. If you choose to send an HR employee to a foreign country, rather than work with an international PEO, you may experience costs associated with the following:

    • Language and cultural training
    • Relocation expenses
    • Housing and childcare benefits
    • Transportation costs
    • Tax equalization

    International PEO services can help to streamline and, in some cases, reduce your expenses and improve your cost savings.

    5. HR Outsourcing & Operations Assistance

    International PEOs have great knowledge of international law and compliance regulations, such as the UK’s GDPR and PAYE tax and National Insurance (NI) contributions. They also have great knowledge of all things HR, which a client company would usually outsource.

    These responsibilities may include:

    • International Payroll solutions
    • Taxes
    • Onboarding and offboarding
    • Insurance employee benefits

    Basically, many of the things your HR team is already responsible for domestically can be handled internationally by a professional provider. This frees up time for your domestic HR team to focus on the tasks they’re experts in, while the provider handles global employees and international compliance requirements. 

    6. Access A Larger Hiring Pool

    Expanding business internationally allows you to tap into the global hiring market. You can trust your provider to hire qualified candidates in-country and help you manage a global team with expertise. 

    Additionally, global employment organizations won’t need to establish a foreign legal entity. Instead, international PEOs can navigate international compliance risks and regulations to ensure your hiring processes meet the requirements and regulations of the new country you choose.

    7. Improve Morale

    How can an international PEO help improve morale among your employees? The processes they put in place tackle payroll processing inefficiencies and align with international payroll criteria, systems, and procedures. This ensures that automated payroll will be handled smoothly, with minimal to no errors to ensure that employees are paid on time.

    8. Better Data and HR Analytics

    The best international PEOs won’t just ask you to trust them when it comes to your international hiring—they’ll give you the tools you need to monitor how their efforts are aiding your HR performance on a global scale. 

    At Playroll, we help you track employment contracts and compliance narratives within each new country you operate in to streamline your HR operations.

    Find out How to Do Payroll for an International Business.

    Should You Work with an International PEO?

    You may still be wondering if your company is the right fit for an employer of record partnership to help you expand globally. To help you decide, let’s look at some of the types of businesses that may benefit from partnering with an international PEO:

    • Large companies expanding into new markets – If you already have a successful company and you’re thinking of expanding into international markets, an international PEO services may be exactly what you need to cut costs, streamline HR operations, and comply with international employees regulations.
    • Smaller startups – International expansion is often considered when you want to tap into different global markets. But what if you want to tap into international talents? Recruiting the top talent is what separates successful startups from the rest, and working with an international PEO ensures your startup has access to the largest global mobility pool possible.
    • Businesses expanding into an unfamiliar market – Big, medium, or small businesses may see ample opportunities in the international arena, but you don’t want your ability to tap into these international opportunities to be limited by your lack of knowledge of that market. Tapping into the expertise of an international PEO allows you to expand confidently, knowing you’re abiding by the country’s hiring laws and regulations. 

    Expand Internationally With Playroll 

    International expansion should be exciting. Tap into that excitement (and international markets) with Playroll.

    Partnering with an international professional employer organization. Global peo provides your business with an opportunity to expand to new countries with the ease of knowing your hiring processes are within international employee compliance regulations. Additionally, they may help to fast track your expansion and cut costs of employee transfers. 

    Global PEO Services can provide a range of services, including hiring, payroll management, benefits administration, and compliance with local laws and regulations. 

    Legal and Compliance

    Read Time

    March 7, 2024

    According to a U.S. Department of Labor report, about 10-30% of employers have misclassified some workers. Employers should ensure correct classification when employees may or may not be exempt from the Fair Labor Standards Act (FLSA) to avoid legal action and financial penalties.

    Exempt vs Non-Exempt Employees

    Aspect Exempt Non-Exempt
    Legal Framework Exempt from the FLSA minimum wage and overtime requirements Protected by the FLSA minimum wage and overtime requirements
    Pay structure Paid a fixed salary rate Paid hourly rate
    Overtime Pay Not eligible for overtime pay regardless of hours worked Eligible for overtime pay for extra hours worked over 40 per week
    Minimum pay requirement Paid at least a fixed salary set by state and federal governments. Paid an hourly rate that at least meets federal minimum wage
    Job Duties Must be "white collar" and perform duties within executive, administrative, and professional roles. Can work any "blue collar" job, including manual labor roles and service-oriented jobs
    Work schedule Adhere to a standard 9-to-5 work schedule, hence no need to track time. Have variable work schedules, hence the need to track their work hours to calculate wages.
    Decision-making authority Have the authority to make decisions and exercise judgment Work under direct supervision and have no room for decision-making

    What is an Exempt vs Non-exempt Employee?

    Exempt employees are salaried workers paid a fixed income equally distributed over each pay period. They work following a standard 9-to-5 schedule and are not eligible for overtime pay regardless of hours worked. 

    On the other hand, non-exempt employees are workers paid on an hourly basis. They’re eligible for federal minimum wage and overtime pay for working more than 40 hours per week.

    Proper classification of exempt or non-exempt employees is vital to avoid confusion when assigning job responsibilities, and determining salary structures and eligibility for overtime pay.

    How to Determine Exempt vs Non-Exempt Employees

    Employers should know the criteria for exempt and non exempt employee classification. These are outlined in the FLSA Act, and they relate to employee’s salary structure, salary level, federal minimum wage, overtime pay, and job duties.

    The FLSA Framework

    The Fair Labor Standards Act (FLSA) establishes the legal framework differentiating exempt vs non exempt employees. It sets the salary and duties tests to help employers determine who qualifies for exempt status. The Department of Labor (DOL) makes regular updates on these criteria, so employers should stay updated to ensure compliance.

    Salary and Overtime

    Pay structure and overtime eligibility make the key differences between exempt vs non exempt employees. To qualify for exempt status, an employee must meet the following salary requirements:

    • Paid on a salary basis: Exempt employees should be paid a fixed salary each week regardless of number of hours worked.
    • Meet a certain salary level: An exempt employee should earn a minimum wage of US$684 per week or US$35,568 per year.
    • No overtime pay: Exempt employees aren't entitled to overtime pay. However, employers may choose to compensate them for extra work through benefits packages.

    On the other hand, non-exempt employees are entitled to a minimum hourly wage and overtime pay. Per the FLSA overtime rule, non exempt employees are eligible for overtime pay at a rate of 1.5 times their regular rate for extra hours worked over 40 per week. If an employee isn't paid on an hourly basis, the hourly rate can be calculated by dividing the total pay by the number of hours worked.

    Job Responsibilities

    Salary structure and overtime pay aren't enough to determine an employee's exempt status. To be classified as exempt, employees must pass specific job classification and duties tests set by the Department of Labor.

    Exempt employees must be highly skilled professionals who perform office duties that require specialized education and experience. These employees typically perform duties in managerial, administrative, and professional roles, and have the authority to make decisions and exercise judgment.

    Employees in outside sales, highly compensated workers making US$107,432 or more, certain computer professionals, and specific types of employees in unique industries are also exempt. Examples include jobs in movie theater sets, railroads, and agriculture.

    Examples of exempt employees include:

    • School administrators
    • Lawyers
    • IT professionals
    • Public employees
    • Department managers
    • Physicians
    • Pharmacists

    Non-exempt employees perform manual or service-related job tasks and don't hold decision-making authority. These employees work under close supervision following established routines and procedures. They're sometimes called “blue-collar” workers because their job duties don't require specialized education or experience.

    Examples of non exempt employees include:

    • Cashiers
    • Delivery drivers
    • Office clerks
    • Janitors
    • Security guards
    • Retail associates
    • Restaurant wait staff
    • Interns

    Employers should remember that job titles alone can’t be used to determine exempt status. It's essential to consider the nature of work and the level of responsibility to ensure correct classification.

    Compliance and Risks

    Wrong employee classification can turn out to be a costly payroll error, resulting in legal pitfalls and financial penalties. Common misclassification risks include:

    • Lawsuits for unpaid wages, overtime, benefits, etc
    • Legal penalties and fines
    • Damage to a company's reputation

    Employers should prioritize adherence to the FLSA Act through regular audits and reviews of salary structures, overtime policies, and job duties to ensure they align with regulation.

    Practical Examples and Case Studies of Exempt vs Non-Exempt Employees

    Below are 3 companies that paid heavily for misclassifying exempt vs non exempt employees.

    1. In 2008, Family Dollar Stores paid US$35.6 million for misclassifying hourly employees as managers not entitled to overtime pay.
    2. In 2012, Walmart paid about US$4.83 million in damages and back wages and US$4.64 in penalties for misclassifying 4,500 managers and coordinators as exempt.
    3. In 2006, Boston Market Corp agreed to pay US$3.75 million in cash payments and US$10.3 million in future pay scales for classifying over 7,000 employees as exempt but requiring them to regularly handle non-exempt employee duties.

    Streamlining Employee Classification with Playroll

    Differentiating exempt vs non exempt employees comes down to their pay structure, job duties, work schedules, and other legal considerations outlined by the Fair Labor Standards Act (FLSA).

    Employers should work closely with payroll experts to ensure compliance and avoid penalties and reputational damage when hiring exempt and non exempt employees in different regions.

    Playroll is a platform that offers employment solutions to help you hire and manage global teams in compliance with global labor regulations. We help you avoid misclassification risks through:

    • Compliance guidance and HR support
    • Team building services
    • On-time, accurate payroll management solutions
    • A payroll dashboard to manage your team from one place
    • Automated tax deductions, and insurance contributions

    Request a demo

    Legal and Compliance

    Read Time

    February 19, 2024

    Key Takeaways

    Payroll compliance is crucial for accurate payroll processing, ensuring adherence to legal and regulatory requirements. Expert services ensure workers are paid on time, and taxes are correctly deducted and remitted.

    Importance of Payroll Compliance

    Savvy business owners resort to outsourcing or working with payroll experts to ensure compliance, thus avoiding errors, hefty penalties, fines, and possible lawsuits.

    10 Compliance Tips from Payroll Experts

    Playroll.com emerges as one of the most reliable payroll management platforms out there. We keep a team of payroll experts in-house to offer expert insights and valuable guidance, helping you navigate the complexities of payroll compliance.

    In this article, we lay out key compliance tips to help you stay on top of labor laws and tax regulations – ensuring an accurate, compliant payroll process.

    Tip 1: Understanding Regulatory Landscape

    Labor laws, tax regulations, and national insurance contributions change often. Thus, it can be difficult for businesses, especially multinationals, to keep up with the ever-changing laws and employment practices in different countries.

    Tip 2: Accurate Employee Classification

    Employees can be classified as part-time, full-time, contractual, etc. That forms the basis of their employment rights, legal protections, and the compensation & benefits they're entitled to.

    Ensuring proper employee classification helps avoid misclassification risks, including penalties, fines, unpaid taxes, time-consuming tax audits, and legal action from workers seeking additional pay or benefits.

    Playroll.com's payroll experts offer expert advice and insights to help you accurately classify your employees to steer clear of misclassification and associated penalties.

    Tip 3: Timely Tax Filing

    On-time tax submissions help your business avoid late payment penalties, legal fees, interest charges, time-consuming audits from tax authorities, and costly errors or inaccurate payments.

    Playroll.com's global payroll experts help you understand and avoid the financial liability of late tax filing. 

    Tip 4: Data Security and Privacy

    Payroll carries important employee data like bank account details, national insurance numbers, and more. Thus, a limited company is obligated to collect, store, process, and share data in compliance with data protection laws, like the UK GDPR.

    Playroll.com offers guides on safeguarding sensitive payroll data in compliance with data protection laws. Our expert payroll services feature robust payroll software with top data security features. 

    Tip 5: Documentation of Best Practices

    Accurate payroll management requires thorough record-keeping to ensure compliance and keep everything organized and easily accessible. To keep accurate documentation, our experts recommend the following:

    • Using payroll software to keep employee data organized in one place
    • Automated time tracking to eliminate errors
    • Keeping employee records current
    • Regular backup of payroll data to prevent loss

    Tip 6: Overtime and Leave Management

    Different countries impose overtime regulations and leave management policies to protect workers. Employers should be aware of employee rights and protections relating to holiday pay, overtime, statutory annual leave entitlements, parental leave, and other forms of time off.

    Playroll.com's global payroll management system ensures auto enrolment of overtime hours and leave plans in line with country-specific regulations to avoid legal pitfalls.

    Tip 7: Technology Integration

    Accurate payroll management is the backbone of legal compliance. Playroll.com recommends leveraging payroll software for error-free payroll processing to ensure compliance.

    Tip 8: Continuous Training for Payroll Staff

    Regular training for payroll staff empowers them to run an accurate, compliant payroll process.

    Playroll.com recommends implementing a payroll training program that incorporates real or simulated payroll scenarios, cases, and problem-solving exercises. Payroll training can be delivered via online courses, workshops, podcasts, webinars, manuals, or videos.

    Tip 9: Auditing and Regular Compliance Checks

    Implementing regular audits enables you to review and verify payroll data, identify and correct errors or discrepancies, and ensure that your payroll process aligns with the latest employment practices.

    Playroll.com expert payroll services incorporate guidelines on conducting thorough and effective compliance checks. We help you understand local laws, automate payroll tasks, and conduct payroll compliance training.

    Tip 10: Collaboration with Compliance Experts

    Payroll management isn’t an easy task. That's why Playroll.com recommends seeking help from global payroll experts. Different ways to build a network of compliance resources include:

    • Outsourcing expert payroll services
    • Consulting global payroll experts for specialized compliance issues
    • Utilizing payroll software to automate compliance policies, payroll tasks, etc

    Playroll.com's global payroll experts offer expert payroll services to help businesses maintain a steadfast commitment to payroll compliance and accuracy.

    Supercharge your payroll! Discover expert tips for compliance excellence at Playroll.com. 

    Legal and Compliance

    Read Time

    December 8, 2023

    With a vast labor force exceeding 1.3 billion, India struggles with low wages and exploitation issues. To address this, the government introduced India's minimum wage system in 1961, as a solution to improve the standard of living and reduce exploitation of workers. While this system has improved living conditions and reduced exploitation, challenges remain, including difficulties with enforcing the minimum wage system and regional wage disparities, requiring ongoing efforts to maintain a fair and equitable labor market in India.

    India is a country with a diverse and complex labor market. With a population of over 1.3 billion people, the Indian labor force is one of the largest in the world. However, despite its size, the labor market in India is plagued with issues such as low wages, exploitation, and lack of regulation. In an effort to address these issues, the Indian government has implemented a minimum wage system. In this article, we will explore India's minimum wage system, its history, and its impact on the labor market.

    What is Minimum Wage?

    A minimum wage is the lowest amount of remuneration that an employer is legally required to pay to their employees for the work performed within a specified period. It is set by the government and is intended to protect workers from exploitation and ensure a decent standard of living. The minimum wage is usually determined based on factors such as the cost of living, inflation, and the overall economic conditions of the country.

    History of India's Minimum Wage

    The concept of a minimum wage was first introduced in India in 1948, with the passing of the Minimum Wages Act. This act aimed to provide a basic standard of living for workers and prevent the exploitation of labor. However, the implementation of this act was limited to only a few industries and did not cover the majority of the labor force.

    In 1957, the Indian government established the National Commission on Labor to review and recommend changes to the existing labor laws. The commission recommended the implementation of India's minimum wage, which would cover all industries and sectors. This led to the passing of the Minimum Wages Act of 1961, which established a national minimum wage for all workers in India.

    How is India's Minimum Wage Determined?

    The minimum wage in India is determined by the Central Government, in consultation with the State Governments. The Central Government sets a national minimum wage, which is applicable to all industries and sectors. However, the State Governments have the authority to set their own minimum wage, which cannot be lower than the national minimum wage.

    The minimum wage is determined based on the cost of living, the level of skill required for the job, and the prevailing wage rates in the industry. The government also takes into consideration the recommendations of the Indian Labour Conference, which is a tripartite body consisting of representatives from the government, employers, and workers.

    Impact of Minimum Wage on the Labor Market

    The implementation of India's minimum wage has had a significant impact on the Indian labor market. Here are some of the key effects of the minimum wage system in India:

    Improved Standard of Living for Workers

    One of the primary objectives of India's minimum wage system is to ensure a decent standard of living for workers. By setting a minimum wage, the government aims to provide workers with a basic level of income that can cover their essential needs such as food, shelter, and clothing. This has helped to improve the living conditions of workers and their families, especially those from low-income households.

    india's minimum wage

    Reduction of Exploitation and Forced Labor

    Before the implementation of India's minimum wage system, many workers in India were subjected to exploitation and forced labor. Employers would often pay workers below the market rate, and workers had no choice but to accept these low wages to support themselves and their families. The minimum wage system has helped to reduce this exploitation by ensuring that workers are paid a fair wage for their work.

    Increased Consumer Spending

    With a higher minimum wage, workers have more disposable income, which they can use to purchase goods and services. This has led to an increase in consumer spending, which has a positive impact on the economy. Increased consumer spending also leads to an increase in demand for goods and services, which can create more job opportunities in the market.

    Challenges Faced by the Minimum Wage System in India

    While the minimum wage system has had a positive impact on the labor market in India, it also faces several challenges. Here are some of the key challenges faced by India's minimum wage system:

    Enforcement of Minimum Wage Laws

    One of the biggest challenges faced by the minimum wage system in India is the enforcement of minimum wage laws. Many employers, especially in the informal sector, do not comply with minimum wage laws and continue to pay workers below the minimum wage. This is due to ineffective enforcement mechanisms and high monitoring costs.

    Regional Disparities

    The minimum wage in India is determined by the Central Government, but the State Governments have the authority to set their own minimum wage. This has led to regional disparities, with workers in some states earning significantly lower wages than workers in other states. This can create an imbalance in the labor market and lead to labor migration from low-wage states to high-wage states.

    Impact on Small Businesses

    Small businesses, especially those in the informal sector, may struggle to comply with minimum wage laws. This is because they may not have the financial resources to pay their workers the minimum wage. As a result, they may be forced to reduce their workforce or shut down their business, which can have a negative impact on the economy.

    The minimum wage system in India has played a crucial role in improving the standard of living for workers and reducing exploitation in the labor market. However, it also faces several challenges, such as enforcement issues and regional disparities. To address these challenges, the government must work towards effective enforcement mechanisms and ensure that the minimum wage is set at a level that is fair for both workers and employers. By doing so, the minimum wage system can continue to play a vital role in creating a more equitable and fair labor market in India.

    Navigating Minimum Wage in India with Playroll

    As a leading Global Employer of Record, Playroll helps you navigate the complexities of India's minimum wage landscape effortlessly. Leveraging our in-depth knowledge of the Indian market, Payroll empowers your business to handle payments, management, and top-tier talent recruitment in strict accordance with local regulations and compliance standards.

    1. Regulatory compliance expertise: Playroll is dedicated to staying ahead of regulatory changes in India, freeing you from the complexities of legal updates. We stay informed about any adjustments in minimum wages, ensuring your business remains compliant and that your employees are remunerated fairly and equitably, aligning with local regulations.
    2. Precision in payment processing: Accuracy is paramount in talent remuneration. Playroll guarantees that your workforce is paid precisely and punctually, handling intricate exchange rate calculations on your behalf. This ensures a seamless and reliable payment process for your employees.
    3. Comprehensive record-keeping and reporting: Playroll maintains strict record-keeping and reporting practices, essential elements for compliance. Our meticulous approach guarantees transparency and accuracy in every aspect of your payroll management, fostering a robust foundation for regulatory adherence and reporting requirements.
    Legal and Compliance

    Read Time

    November 2, 2023

    While a home office offers many work-life balance benefits, it exposes both the employees and businesses to a range of new cyber security and working from home risks.

    That's due to many remote work applications and devices plugging into the company systems to access and share information.

    Thus, businesses need to give serious thought to how to maintain security when employees work from home to protect their sensitive data and information from slipping into the wrong hands. That creates the need to develop robust cyber security work from home measures.

    Remote Work IS On The Rise

    Remote work has been on the rise since the pandemic and has become an essential part of modern business operations. According to StandOut CV, 16% of UK workers work full time from home, with 44% embracing a hybrid work week.

    So, how do you maintain security when employees work from home? 

    This article lays out common cyber security work-from-home risks, practical steps that businesses can take to provide a secure remote work environment, and how Playroll secures your sensitive data in an environment rife with cyber security work from home risks.

    Common Cyber Security and Work From Home Security Risks

    The first step to ensure robust remote work security is to understand what you're up to. common cyber security work from home security threats include:

    • Phishing attacks and social engineering
    • Insecure Wi-Fi and home networks
    • Malware, including viruses, spyware, ransomware, etc
    • Data leakage
    • Weak passwords
    • Unsecured devices
    • Unencrypted communications
    • Shadow IT, including unauthorized software or work tools
    • Insider threats
    • Video conferencing risks due to inadequate security configuration
    • Inadequate software and operating system updates
    • Unauthorized device access
    • Lack of security awareness
    • Over-sharing on social media
    • Vendor security risks
    • Cloud security risks

    Once you’ve understood your remote work security risks, the next step is to conduct a thorough risk assessment to identify potential security threats and vulnerabilities. Then, implement security controls and secure communication channels to safeguard sensitive information and mitigate the identified risks.

    laptop for cyber security and working from home

    Implementing Robust Cyber Security Worker From Home Security Controls

    Since remote workers use software applications and remote worker tools to interface with your company systems, focusing on application security is a powerful security control to guarantee information security.

    So, how do you ensure application security for remote workers?

    Below is a rundown of top cyber security work from home best practices for application security to ensure secure access to company systems and resources.

    • Use secure communication tools: To protect data in transit, employees should use secure communication tools like Microsoft Teams, Slack, encrypted email services, and other secure messaging platforms for work-related discussions.
    • Data encryption: Encrypt sensitive data, both at rest and in transit to secure sensitive information even when accessed by cybercriminals.
    • Regular software updates: This cyber security work from home measure helps you ensure all software applications and operating systems are up to date and regularly apply security patches to fix vulnerabilities. If possible, let your employee devices have automatic updates.
    • Multi-Factor Authentication(MFA): Add an extra security layer by requiring remote workers to verify their identity through various methods before accessing company systems. For instance, by inputting a one-time code sent to their mobile devices or email after entering a password.
    • Secure Wi-Fi Networks: Encourage your employees to use strong, unique passwords for their Wi-Fi and home networks, avoid public Wi-Fi while working, and change their default router password.
    • Use a VPN: Your employees should use a VPN to ensure privacy. To implement this important cyber security work from home security measure, let them have your company VPN to ensure a secure connection when accessing the company network.
    • Avoiding phishing scams:  Educate your employees about phishing and social engineering scams. They should avoid clicking or opening suspicious links or attachments sent to their work emails.
    • Endpoint security: Well-updated antivirus and anti-malware software on remote devices can help protect against viruses, spyware, ransomware, etc
    • Secure file sharing: File sharing and collaboration tools should have controlled role-based access and permission management.
    • Regular security training: Regular training is a top cyber security work from home measure that helps keep remote workers in the loop with the latest cyber threats, phishing attempts, and remote work security best practices.
    • Develop a rapid incident response plan: In case of a hack or unwelcome security event, you should have protocols in place to respond to security incidents as quickly as possible.

    Creating an Effective Remote Worker Security Policy

    A secure remote working policy should be top of mind when thinking of how to maintain security when employees work from home.

    That's because as an employer, you can only go so far in providing remote work security. Most of the cyber security work from home measures are still left to your employees.

    Therefore, you need to provide a clear remote working policy that outlines the following:

    • Remote worker security expectations
    • Employees security responsibilities
    • Security guidelines for hybrid and full-time remote workers
    • Device management measures to secure remote devices

    You can start with a 30-day remote work security plan that provides a step-by-step guide on how to enhance security within the first month.

    Make sure your remote working policy addresses all the security protocols and is well communicated to all remote employees to ensure compliance.

    Playroll's uncompromising data and platform security adheres to the most comprehensive data security standards to ensure the safety of your data and information.

    Cyber Security and Working From Home Security Compliance and Audits

    Cybercriminals never relent in their efforts to cause harm, so you shouldn't. Once you've ensured application security and put in a robust remote working policy, you need to conduct regular security audits and continuous assessments. That helps identify vulnerabilities and fix them to ensure that your cyber security work from home security controls are working.

    That will help you to:

    • Identify gaps and vulnerabilities
    • Ensure your remote worker security measures align with industry standards and regulations, like GDPR.
    • Continuously train remote employees and ensure they maintain compliance
    • Carry out comprehensive security audits to track data access and usage to demonstrate compliance.

    Manage Your Remote Team Securely With Payroll

    With over half of UK employers offering remote work, full-time and hybrid remote workweek arrangements are only expected to continue rising.

    That underscores the need for businesses to implement robust cyber security work from home measures to provide secure remote worker environments and protect their sensitive data.

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