# US Citizen Working Remotely for Foreign Company from US



## annaprouty (Feb 1, 2018)

Hi expats,

Apologies as I'm not technically an expat in the US, but this seemed like the right place to post. I'm in an odd situation, and I'd love some advice on it:

I'm a US Citizen working for a company based in Haiti. Right now I'm in Haiti, but next month I'll be moving back to the US for 2 months, and plan to continue my contract remotely from home (California). My company is registered in Haiti, not the US. Does anyone know if my company has to legally pay me the US minimum wage while I'm in the US? If so, which minimum wage? I'll be in California, which has a much higher minimum wage than the federal.

The full story:
I'm officially an independent contractor, working for a Haitian company in Haiti, though my boss (our company president) is American. I'm moving back to the US at the end of February, for 2 months, to take care of some family stuff. I plan to continue working remotely for my current company in that time. My "salary" is officially a monthly stipend, and I make less than the US minimum wage ($700/month for an average 40 hrs/week of work), which is no problem here as the cost of living is much lower. I don't mind continuing this salary in the US, as I won't have many expenses (I'll be living with my parents, I'm 24 so still on their health insurance, my car is paid off, parents will be paying for groceries, etc.) My company is a small social enterprise working in sustainable development in Haiti. We don't make much money. It would be difficult for them to pay me the US minimum wage for full-time work ($1250ish per month), let alone California minimum wage ($1800ish per month).

The only similar case I can find was in France. In that case, an Irish company hired French workers for work in France and used Irish labor law to pay them and give them benefits. They went to court over it and the company's action was deemed illegal. I don't know if the US has a similar agreement for countries with vastly different wage standards (like Haiti, where the minimum wage is about $6 per DAY.) All other information I can find was for US companies sending US-citizen employees abroad, not foreign companies sending US-citizen employees to the US. 

I have no intention of taking my company to court, but of course I want to make sure that everything we (I and the company) do is legal.

Any concrete advice appreciated. Thanks guys!


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## Bevdeforges (Nov 16, 2007)

If you're working as an independent contractor, then it's between you and your "customer" (not considered your employer) what you are paid. OTOH, it's up to you to pay your taxes (usually quarterly) and US Social Security (both employer and employee portions) out of whatever you're being paid.
Cheers,
Bev


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## Crawford (Jan 23, 2011)

- The company is registered in Haiti and its work is carried out in Haiti. 
- You are returning to the US for a couple of months due to 'family matters' - this sounds like your decision, not that the company is sending you to the US for work purposes.
- You are an independent contractor.

The company has no obligation to pay you additional wages while you are in the US - this is your choice where you wish to work. 

You can try to negotiate extra money.


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