The U.S. is a market of opportunity, speed, and scale. But growth is only truly sustainable when your compliance is in order. And in America, compliance works a bit differently than in Europe: you deal with federal rules, but also state legislation, and sometimes even local regulations. What works perfectly fine in Texas can suddenly come with extra obligations in New York.
At Van Holland Group, we support entrepreneurs with U.S. market entry and growth, including the compliance side that is often underestimated. Not with thick reports, but with a practical setup of your structure, processes, and back office, so you can build and operate without surprises.
Why compliance in the U.S. so often goes wrong
Many European companies start with a logical focus: sales, customers, hiring. Compliance comes later. The problem is, in the U.S., “later” can mean your processes are already set up the wrong way. For example:
- Different rules per state (employment, HR, privacy, reporting)
- Fast-moving legal changes, often with short implementation timelines
- Burden of proof and documentation: if you cannot prove it, you did not do it
- External parties (payroll, accountant, lawyer) who can only help once your foundation is correct
Compliance is not a brake on growth. It is your airbag.
Current example:
New York and personnel files (S3460)
In New York, there is a bill on the table: S3460 (Employee Personnel Records Access Act). If signed into law, it will give (current and former) employees additional rights regarding access to their personnel records.
Key points:
- Copy of the personnel file within 5 business days
Employers must provide a copy within five business days, at no cost to the employee. - Notice within 10 days when negative information is added
If negative information is added, the employee must be informed within ten days. - Right to respond, response must remain in the file
Employees may dispute negative information, and that dispute must be kept with the file.
This may sound like a detail, but it impacts your HR processes, document management, and risk management, especially when you scale and multiple managers add information.
VHG case:
European scale-up making its first hires in New York
A Dutch B2B scale-up (25+ employees in Europe) opened a commercial hub in New York. They wanted to move fast: 1 sales lead, 2 account executives, later customer success. Contracts and payroll were arranged, but the HR back office was set up “light.”
What we saw in practice:
- Personnel files were scattered (Drive, email, payroll portal)
- There was no fixed workflow for warnings, performance notes, and documentation
- Managers wrote feedback in Slack and email, without central storage
- There was no standard for what “negative information” is, and who is allowed to add it
VHG approach
(getting the basics in place in 2 weeks)
- One central file structure per employee, with fixed categories
- A simple “add-to-file” procedure (who, what, when, notification)
- Template for employee notice, including timing and confirmation
- Escalation path: when to involve HR, payroll, or legal
Result
- Less internal noise, more consistency
- Faster onboarding for new hires
- Lower risk in conflict situations
- Clear expectations for management, without extra bureaucracy
Checklist: are you ready for compliance when hiring in the U.S.?
Use this checklist as a quick reality check. If you answer “no” to multiple points, it is time to tighten this up.
State and scope
- We know in which state(s) we have employer obligations
- We have an owner who monitors legal changes (or a partner who does)
Personnel files and proof
- We have one central place for personnel files (not scattered)
- We can export a complete file within 5 business days
- We have a log: who added what, and when
Negative information and notifications
- We have a definition of “negative information” that managers understand
- We have a standard notification process (with timing)
- We store responses/disputes structurally with the file
Process and responsibilities
- Managers know what does and does not belong in a file
- We have an escalation path to HR, payroll, and legal
- We run a periodic check (for example quarterly)
Scalability
- Our processes still work when we go from 3 to 30 employees
- We have templates that are used consistently
How Van Holland Group helps
(practical, end-to-end)
Van Holland Group supports entrepreneurs with U.S. market entry and growth, including compliance that protects your growth. For example:
- Entity selection and setup for your U.S. structure (INC/LLC)
- HR and back office setup: processes, templates, document flow
- Support for your first U.S. hire and building a scalable hiring approach through Van Holland Recruit
- Alignment with local specialists (payroll, tax, legal)
- Ongoing support, so you are not only set up right at the start, but also stay compliant as regulations change
Want to make this concrete for your state and your team? Plan a call and in 30 minutes we will map your biggest compliance risks and quick wins.
FAQ: common questions about compliance in the U.S.
1) Why is compliance in the U.S. more complex than in the Netherlands?
Because you have multiple layers: federal law plus state rules and sometimes city-level regulations. That means the practical requirements vary by location.
2) Does New York law apply if my HQ is in Florida?
If you have employees in New York, you almost always need to follow New York employment rules for those employees. Your HQ location is not the deciding factor.
3) Is this only relevant if I have many employees?
No. You want to set it up correctly from the first hires. Fixing it later takes more time and increases risk.
4) Can payroll just handle this?
Payroll is important, but payroll providers typically do not manage your full HR documentation, workflows, and internal communication. You need your own process.
5) What is “negative information” in a personnel file?
It depends on the law and interpretation, but think warnings, performance issues, disciplinary notes, or other information that could be unfavorable to the employee. That is why an internal definition and workflow is essential.
6) What is the fastest way to get this right?
Start with a solid base: central file structure, clear roles, templates, and a notification process. Then expand per state and per team.
Important: not legal advice, but the right guidance
This article is intended as practical information and is not legal advice. Laws can change, and how they apply depends on your situation and the state where you operate.
Want to handle this properly without endless back-and-forth? At Van Holland Group we have in-house counsel who can support you. That saves time, hassle, and surprises when it matters most.
We are happy to assist you with personalized advice.
- Schedule a TEAMS video call at your convenience
- Contact us by phone (786) 233 6384
- Or email: info@vanhollandgroup.com
