Employment in the US
Think American employment from day one.
- Years of experience drafting, negotiating, settling, and executing US employment contracts.
- Guidance on alternatives such as independent contractors and employer-of-record services.
- Contracts built for US courts — not adapted from a Danish template that will not hold up.
- Practical advice on structuring the employment relationship correctly from the outset.
Hiring or contracting in the US? Contact Rosenfalck & Thorup before you sign anything.
Thomas Thorup
Advokat (Denmark) (admitted to the high court), Attorney-at-law (California, D.C., U.S. Supreme Court), LL.M.
Why is employing workers in the US different from Denmark?
Employing local workers or contractors in the US can be daunting, and the first rule is to "think American employment" from the start rather than assuming Danish practice will transfer. A common mistake is for Danish companies to translate, or base, their US employment contract on their Danish one. This is a bad idea, since many Danish employment provisions will not hold up in US courts — experienced counsel should shape the relationship correctly from the outset.
What does Rosenfalck & Thorup help with?
The firm's attorneys have years of experience drafting, negotiating, settling, and executing employment contracts for US-based roles, and can also advise on alternatives such as independent contractors and employer-of-record services where a full employment relationship is not the right fit.
Can a US employment relationship be governed by Danish law?
Generally, no. The relevant US state will typically override a foreign choice of law if local law or practice is more protective of the employee, so contracts should be drafted under the law of the state where the employee will actually work.
What is the risk with independent contractors?
When using independent contractors, it is essential to respect the line between a genuine independent contractor and an employee. "Misclassification of employees" — treating what is really an employee as a self-employed contractor — is an enforcement area US authorities are currently focused on, and it can trigger fines and damages claims.