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How to Employ and Payroll Staff across National Borders


A U.S. multinational launching a new “greenfield” operation abroad—a new overseas office or facility—goes ahead and registers a new local subsidiary to employ and payroll local staff in the new location. That’s straightforward. But in today’s interconnected world, multinational headquarters faces trickier questions of employment and payrolling across borders, questions like: Can’t we just keep an expatriate on the U.S. payroll during a short-term assignment to Paris? Or: We have an employee who needs to move back to India for personal reasons – can’t we just keep on employing and paying her from the U.S., while she works remotely from Delhi?  Or: How can we hire and pay a new tech wizard we identified, who has to remotely from home in Ukraine?This session will answer tough questions like these about cross-border employment and payroll.

In 60 minutes, the speaker will cover:
A. How to Employ and Payroll Local Foreign Staff outside the U.S.
B. How to Employ and Payroll Expatriates
C. The “Floating Employee” Problem: How to Employ and Payroll Staff Based in a Country Where The   
Employer Has No Registered Payrolling Entity or Taxpayer ID Number
     1. Corporate Registration and Tax Law (“Permanent Establishment”)
     2. Licensing Laws
     3. Immigration and Employment Laws
     4. Payroll Law Compliance: Five Strategies

Educational Objectives:
• Understand the principals of employing and payrolling local foreign staff
• Know how to payroll and employ expatriates
• Understand the “floating employee” where the employer has no registered payrolling entity or taxpayer ID number
• Understand 5 strategies for payroll law compliance

Who would benefit most from attending this program?
Payroll & HR professionals, lawyers and consultants involved in cross-border employment, payroll and global mobility


Don C. Dowling
  • Partner
  • K&L Gates LP, New York

Donald C. Dowling, Jr. practices outbound international employment law as a partner at K L Gates LLP in New York City. He advises multinational headquarters on cross border employment law compliance launching global codes of conduct and HR policies, structuring global benefits compensation offerings, conducting cross border workplace investigations, ensuring international HR Information Systems comply with data privacy laws effecting cross border RIFs and restructurings, and arranging expatriate assignments and separations . Don is ranked in Chambers, Super Lawyers and a number of other rankings. He has published hundreds of articles on international employment law, he has taught international employment law topics at a several law schools, and he has held many bar association positions related to international employment law.

Continuing Education

Practice Areas:
HR and Payroll
Production Date: