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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 1735
Experience:  Practicing Attorney with 10 years experience
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I operate a State business. I want to re a Mexican/American

Customer Question

I operate a Washington State business. I want to hire a Mexican/American who LIVES in Mexico to sew for my business. I want to hire her legally.
Do I have to pay her Washington State minimum wage, even though she lives in Mexico? What paperwork do I need to complete to legally hire her, pay taxes, etc . . . She is a Mexican citizen who also has a U.S. Social Security Card.
Do I need to pay Washington State Workers compensation, even though she will be working in Mexico? I would like guidance on how to get this set up.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Asad Rahman replied 10 months ago.

This type of outsourcing is fairly common. You would need to abide by Mexican labor laws not U.S. or Washington labor laws. Here is a good overview of things to consider: http://www.crossborderemployer.com/post/2011/03/17/What-Multi-National-Employers-Need-to-Know-About-Mexican-Labor-and-Employment-Law.aspx

I would suggest contacting a labor law attorney in Mexico to advise you of any specific rules and regulations you should be aware of.

Expert:  Asad Rahman replied 10 months ago.

Here is another good resource for certain forms that are recommended by USCIS http://hiring.monster.com/hr/hr-best-practices/monster-training/security-center/hiring-non-US-workers.aspx

Customer: replied 10 months ago.
Thanks for your reply. Does this mean I have to create a foreign company in Mexico to hire? Or can I hire them through my U.S. company?
Expert:  Asad Rahman replied 10 months ago.

You can do it through your U.S. company but having a company there that manages the regulations and compliance and management of the employee might be a good idea and you just have a contract with that Mexican based company. That might limit some of your compliance exposure here in the United States.

Expert:  Asad Rahman replied 10 months ago.

Let me know if you have any additional questions.