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Written Agreements

Under the law of the United States, written employment contracts are not required, and there are generally no minimum requirements for an employment contract. Additionally, in most states, no written memorialization of terms is required. Some written contracts are required for at-will employment. A written employment contract may limit the employer's right to terminate an employee.

Most written employment contracts describe the job's scope, duties, salary, and any other compensation and benefits.

A written employment contract may also contain clauses related to the job's duration, grounds for termination, provisions about trade secrets or client lists, an employer's ownership of employee work product, and dispute resolution methods related to the employment contract.

Depending on the state, certain provisions heavily slanted towards an employer may be found unconscionable or in violation of public policy. All employers that use written employment contracts have a special obligation to deal fairly with employees. This obligation is known as the "covenant of good faith and fair dealing." An employer can be held responsible for breaching this duty in some states.

Without an employment contract, employment relationships are presumed to be "at-will," meaning they can be terminated by either party at any time, with or without cause.

Oral Agreements

In the United States,bindingcontracts may generally be concluded in written or oral form. However, oral contracts have limitations and risks. The terms of oral contracts may be impossible to prove, making them challenging to enforce.

Contracts that are for a duration exceeding a year must be in writing.

Implied Agreements

In the United States, an implied contract is an agreement that has not been reduced to a formal document or even stated explicitly but is instead implied from a combination of the parties' oral and written statements and actions.

All U.S. jurisdictions generally allow an employee who wants to prove the existence of an implied contract to point to policies, actions, statements, and practices that led the employee to reasonably believe they were in fact employees, would be compensated in a certain way, or would be fired only for good cause. For example, an employee might rely on:

• Reliance on an offer of employment to the employee's detriment
• A long history with the company, during which the employee received regular promotions, raises, and positive performance reviews.
• Procedures for an investment program
• Statements by managers that the employee's job would be secure or that they would not be fired except for good cause.
• Promises of permanent or long-term employment.
• Policies that place some limits on the employer's right to fire, such as mandatory progressive discipline policies that reserve firing only for certain types of misconduct, policies providing that the new employee will become "permanent" after serving a probationary period, or policies promising regular promotions and raises as long as performance meets a certain standard.

These examples are neither exhaustive nor applicable in all jurisdictions. Some jurisdictions recognize them all, others only a few. As for sources of evidence that an implied agreement existed between the parties, not every jurisdiction will consider the same evidence. Unless a disclaimer is specifically expressed, a handbook or written policy of an employer to which an employee must agree can unilaterally modify the terms of an employment contract. However, some states do not consider future or existing policies and handbooks as modifications to an employment contract.

According to the U.S. Wage and Hour Division (WDH), hours worked ordinarily include all the time an employee must be on the employer's premises, on duty, or at a prescribed workplace. The law of the United States indicates that the standard workweek is 40 hours. Generally, employees working more than 40 hours per week are eligible for overtime. The Fair Labor Standards Act (FLSA) contains the federal overtime provisions. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Internal Revenue Service defines a "full-time employee" as an employee working an average of at least 30 hours per week or 130 hours per month per calendar month.

All 11 Federal Holidays are observed in all 50 states: New Year’s Day (January 1), Martin Luther King Jr. Day (3rd Monday in January), Presidents Day (3rd Monday in February. Not all states), Memorial Day (Last Monday in May), Juneteenth National Independence Day (June 19), Independence Day (July 4), Labor Day (1st Monday in September), Columbus Day (2nd Monday in October), Veterans Day (November 10), Thanksgiving Day (4th Thursday in November), Day after Thanksgiving (Day after 4th Thursday in November), Christmas Day (December 25)

In the United States, there are no national laws governing probationary periods. However, many employers have policies regarding trial periods, otherwise known as “introductory periods” or “probationary periods.” Such policies are devised based on the needs of the employer. They generally provide for a formal performance evaluation after an initial employment period (often 90 days).

Montana is the only state with legislation concerning probationary periods. If the employer does not specify a probationary period or state that there is no probationary period, a 12-month period is implied. This period may be extended further but may not exceed 18 months in total. The probationary period commences on the first day of employment. If the employee takes any leave of absence during the probationary period, these days are not counted towards the completion of the probationary period.

Notice Period

United States federal legislation does not expressly address notification procedures for dismissing a worker whose employment is governed by a contract.

Generally, workers in the United States are at-will employees and do not have employment contracts. However, if an employment contract does exist, the parties can bargain for terms to govern notification procedures.

However, some exceptions exist to the lack of regulation of employer notice periods. The Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide advance notice in cases of qualified plant closings and mass layoffs to allow their employees sufficient time to transition from their current jobs to new ones. Generally, a WARN Act notice is required when a business with 100 or more full-time workers (excluding workers with less than 6 months on the job and those who work less than 20 hours per week) is in the process of laying off at least 50 people at a single employment site.

Severance Benefits

In the United States, there is no requirement in the federal Fair Labor Standards Act (FLSA) for severance pay. Nevertheless, it is common for employers to provide this type of compensation (unless the employee was fired for misconduct). Severance pay is a matter of agreement between an employer and an employee (or the employee's representative). It is usually based on the length of employment upon termination. The Employee Benefits Security Administration (EBSA) may assist an employee who did not receive severance benefits under their employer-sponsored plan.

Some states require immediate payment of terminal wages as well as reimbursement for accrued or unused vacation days.

Minimum Wage

The federal minimum wage in the United States is USD 7.25 (US dollars) per hour, effective July 24, 2009. The federal minimum wage for employees who receive tips is USD 2.13.

Under the Fair Labor Standards Act (FLSA), non-exempt employees of federal contractors must be paid a minimum wage of USD 15.00 (effective January 30, 2022).

Overtime, Holiday & Vacation Pay

The Fair Labor Standards Act (FLSA) of the United States mandates the payment of overtime to certain employees in most circumstances. Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate of not less than time and one-half their regular pay rates (150% of their normal pay rate or a 50% overtime premium). There is no limit in the FLSA on the number of hours employees aged 16 and older may work in any workweek. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest unless overtime is worked on such days.

The overtime provisions of the FLSA apply on a workweek basis. An employee's workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular payday of the pay period during which wages were earned.

States may impose overtime requirements in addition to the federal FLSA.

Federal law, as well as most state laws, impose a weekly overtime standard. This standard means that nonexempt employees are entitled to overtime for every hour over 40 that they work per week, regardless of how many hours they work in a day.

Visas

A citizen of a foreign country who seeks to enter the United States generally must first obtain a U.S. visa, which is placed in the traveler’s passport, a travel document issued by the traveler’s country of citizenship.

Certain international travelers may be eligible to travel to the United States without a visa if they meet visa-free travel requirements. More than 20 non-immigrant visa types exist for people traveling to the United States temporarily, and many more types of immigrant visas exist for those coming to live permanently in the United States. The purpose of travel determines the type of visa needed.

The United States issues the following visas:

Temporary Visas

• B-1/B-2 Tourist/Visitor Visas
• E-1/E-2 Treaty and Investor Visas
• F-1 and M-1 Student Visas
• H-1B Specialty Occupation (Professionals) Visas
• J-1 and Q-1 Exchange Visitor Visas
• K-1 Fiance(e) Visas
• L-1 Intra-company Transfer Visas
• O-1 Extraordinary Ability Worker Visas
• P-1 Artists and Athletes Visas
• R-1 Religious Worker Visas
• TC and TN NAFTA and US-Canada Free Trade Agreement Visas

Permanent Residency (Green Cards)

• Family-Sponsored Immigration Visas
• Employer-Sponsored Immigrant Visas:
  • EB-1 Foreign Nationals of Extraordinary Ability, Outstanding Professors/Researchers, and Multinational Executives/Managers
  • EB-2 Workers with Advanced Degrees or Exceptional Ability in the Arts, Sciences, or Business
  • EB-3 Skilled Workers and Professionals
  • EB-4 Special Immigrant Visas for Religious Workers
  • EB-5 Investor/Employment Creation Visas
• DV-1 Visas (the “Green Card Lottery”)

Other Categories

• Refugee and Asylum Applications
• Temporary Protected Status

Work Permits

Foreign nationals can obtain a work permit as an immigrant or non-immigrant.

A common way for a non-immigrant to work temporarily in the United States is for a prospective employer to file a petition with U.S. Citizen and Immigration Services (USCIS) on the foreign national's behalf. There are several non-immigrant temporary worker classifications.

Foreign nationals with the right combination of skills, education, and work experience may be able to live and work permanently in the United States by seeking an employment-based immigrant visa. There are five employment-based immigrant visa preferences (also called categories).

Foreign nationals must apply for a visa from the U.S. Department of State (DOS) unless citizens of their country of nationality are exempt.

In many cases, the USCIS must approve the foreign national's petition before they can apply to DOS for a visa or seek admission at a port of entry. Before entering the United States, the foreign nationals must present themselves to a U.S. Customs and Border Protection (CBP) officer and receive permission to enter and engage in their proposed activity.