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Federal Payroll Compliance Guide

Baseline Requirements for All U.S. Employers

Last updated January 2026

Federal payroll laws establish the minimum requirements for all employers in the United States. State laws may provide additional protections—always apply whichever standard is more favorable to the employee.

Looking for State-Specific Requirements?

Many states have stricter rules than federal law. Check your state's requirements for minimum wage, overtime, paid leave, and more.

View State Guides →

Key Facts at a Glance

RequirementFederal RuleAgency
Federal Minimum Wage$7.25/hourDOL
Tipped Minimum Wage$2.13/hour (with tip credit)DOL
Overtime Threshold40 hours/week at 1.5xDOL
Exempt Salary Threshold$43,888/year ($844/week)DOL
Social Security Tax6.2% (employee + employer each)IRS
Social Security Wage Base$176,100 (2025)IRS
Medicare Tax1.45% (employee + employer each)IRS
Additional Medicare Tax0.9% on wages over $200,000IRS
FUTA Tax Rate6.0% (0.6% effective with state credit)IRS
FUTA Wage Base$7,000IRS
FMLA Leave12 weeks unpaid (50+ employees)DOL
COBRA Coverage20+ employees (18-36 months)DOL
ACA Employer Mandate50+ FTE employeesIRS
Form I-9 DeadlineWithin 3 business days of hireUSCIS
New Hire ReportingWithin 20 days of hireState

Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.

Coverage

  • Enterprise coverage: Businesses with annual gross sales of $500,000 or more, hospitals, schools, and government agencies
  • Individual coverage: Employees engaged in interstate commerce or producing goods for interstate commerce

Minimum Wage

$7.25 per hour (federal)
Federal minimum wage
$2.13 per hour (with valid tip credit)
Tipped minimum wage

States and localities may have higher minimum wages. Employers must pay the higher of federal, state, or local minimum wage.

Youth Minimum: $4.25 per hour for workers under 20 during first 90 consecutive calendar days

Overtime Requirements

40 hours per workweek
Weekly overtime threshold
1.5 times the regular rate of pay
Overtime pay rate

Salary Threshold for Exempt Employees

$43,888 per year ($844 per week) - effective July 1, 2024

The salary threshold increased on July 1, 2024 from $35,568 to $43,888. A further increase to $58,656 scheduled for January 1, 2025 was blocked by federal courts. Always verify current thresholds.

White-Collar Exemptions (Duties Tests)

  • Executive: Primary duty is management; regularly directs 2+ employees; has authority to hire/fire
  • Administrative: Primary duty is office/non-manual work related to management or business operations; exercises discretion and independent judgment
  • Professional: Primary duty requires advanced knowledge in a field of science or learning; or is creative
  • Computer: Systems analyst, programmer, software engineer, or similar; paid at least $27.63/hour
  • Outside Sales: Primary duty is making sales away from employer's place of business
  • Highly Compensated: Total annual compensation of $151,164+; performs at least one exempt duty

Child Labor

Minimum Age: 14 years for most non-agricultural employment; 18 for hazardous occupations

Hours for 14-15 Year Olds

  • School days: 3 hours per day
  • Non-school days: 8 hours per day
  • School weeks: 18 hours per week
  • Non-school weeks: 40 hours per week
  • Time restrictions: 7 a.m. to 7 p.m. (9 p.m. June 1 through Labor Day)

16-17 Year Olds: No federal hour restrictions, but hazardous occupation restrictions apply


Federal Taxes & Withholding

Employers must withhold federal income tax based on Form W-4 using IRS Publication 15-T methods.

Deposit Schedules

  • Monthly: Tax liability $2,500 or more per quarter but less than $50,000 in lookback period
  • Semi-weekly: Tax liability $50,000 or more in lookback period
  • Next-day: Accumulated liability of $100,000 or more on any day

Must use EFTPS (Electronic Federal Tax Payment System) for deposits

Supplemental Wages: 22% federal income tax withholding for supplemental wages under $1 million. For wages over $1 million: 37% withholding for supplemental wages exceeding $1 million in calendar year

FICA (Social Security & Medicare)

Social Security

Employee: 6.2%

Employer: 6.2%

Wage Base: $176,100 (2025)

Medicare

Employee: 1.45%

Employer: 1.45%

Additional Medicare: 0.9% (employee only, no employer match)

No wage base limit for Medicare tax. Employer must withhold Additional Medicare Tax when wages exceed $200,000, regardless of filing status.


FUTA (Federal Unemployment Tax)

6.0% on first $7,000 of wages per employee
Gross Rate
0.6% after maximum state unemployment tax credit (5.4%)
Effective Rate (with credit)
$7,000 per employee
Wage Base

FUTA is employer-paid only. Credit reduction states (if any) result in higher effective FUTA rate.


FMLA (Family & Medical Leave Act)

The Family and Medical Leave Act provides eligible employees with up to 12 workweeks of unpaid, job-protected leave per year for specified family and medical reasons.

Coverage Requirements

  • Employer: Private employers with 50 or more employees within 75 miles for 20+ workweeks
  • Employee: Employed for at least 12 months, worked 1,250 hours in previous 12 months, works at location with 50+ employees within 75 miles

Qualifying Reasons

  • Birth of a child and care for newborn within first year
  • Placement of child for adoption or foster care within first year
  • Care for spouse, child, or parent with serious health condition
  • Employee's own serious health condition preventing work
  • Qualifying exigency arising from spouse, child, or parent's active military duty

Leave Amount: 12 workweeks in a 12-month period

Job Protection: Employee must be restored to same or equivalent position with equivalent pay, benefits, and terms


COBRA

Consolidated Omnibus Budget Reconciliation Act provides continuation of group health coverage that otherwise might be terminated.

Coverage: Employers with 20 or more employees on more than 50% of business days in prior year

Qualifying Events

  • Voluntary or involuntary termination (except gross misconduct)
  • Reduction in hours resulting in loss of coverage
  • Employee becoming entitled to Medicare
  • Divorce or legal separation
  • Death of covered employee
  • Dependent child losing dependent status

Duration: 18 months for termination/reduction in hours; 36 months for other qualifying events; 29 months for disability

Premium: Up to 102% of full premium cost (employer + employee portions); 150% for disability extension

Notice: Employer must notify plan administrator within 30 days; administrator must notify qualified beneficiary within 14 days

Penalties: Excise tax of $100 per day per affected individual; up to $200 per day for multiple beneficiaries


ACA Employer Mandate

Affordable Care Act requires certain employers to offer health coverage to full-time employees or pay a penalty.

Applicable Large Employer (ALE) Threshold

50 or more full-time equivalent (FTE) employees in prior year

Affordability: Employee's required contribution for self-only coverage cannot exceed 8.39% of household income (2024)

Minimum Value: Plan must cover at least 60% of total allowed cost of benefits

Reporting: Forms 1094-C and 1095-C due to IRS by February 28 (March 31 if electronic); 1095-C to employees by March 2

Penalties: Penalty A: ~$2,970 per FTE if no offer of coverage; Penalty B: ~$4,460 per affected employee if coverage unaffordable (2024)


Form I-9 & Employment Eligibility

Deadline: Section 1 (employee) - by first day of work for pay; Section 2 (employer) - within 3 business days of hire

Form I-9 Sections

  • Section 1: Employee completes - name, address, DOB, SSN (optional for most), citizenship/immigration status, signature
  • Section 2: Employer examines documents and completes - document title, issuing authority, number, expiration, certification
  • Section 3: Reverification and rehires - used for work authorization updates or rehires within 3 years

Retention: Retain for 3 years after hire date OR 1 year after termination, whichever is later

Penalties: Civil penalties from $281 to $2,789 per Form I-9 for first offense; up to $27,894 for pattern violations; criminal penalties for knowingly hiring unauthorized workers

E-Verify

E-Verify is an internet-based system that compares Form I-9 information to government records to verify employment eligibility.


Wage Garnishments

Consumer Credit Garnishments

Lesser of: 25% of disposable earnings, OR amount by which disposable earnings exceed 30 times federal minimum wage

Cannot terminate employee solely because of garnishment for single indebtedness

Child Support

50% if supporting another family; 60% if not supporting another family; add 5% if more than 12 weeks in arrears

IRS Tax Levies

IRS can levy wages with Form 668-W; takes priority over most other debts


Required Federal Postings

PosterLawCoverage
Fair Labor Standards Act (FLSA)Minimum wage, overtime, child laborAll employers
Employee Polygraph Protection Act (EPPA)Prohibits most lie detector testsAll employers
Family and Medical Leave Act (FMLA)Job-protected leave50+ employees
Occupational Safety and Health (OSHA)Workplace safety rightsAll employers
Equal Employment Opportunity (EEO)Anti-discrimination laws15+ employees (varies by law)
USERRAMilitary leave rightsAll employers
E-Verify NoticeWork authorization verificationE-Verify participants
Right to Work NoticeE-Verify anti-discriminationE-Verify participants

Where to Post: Conspicuous location where employees and applicants can easily read them


Federal Agency Contacts

U.S. Department of Labor - Wage and Hour Division

FLSA (minimum wage, overtime, child labor), FMLA, federal contract labor standards

www.dol.gov/whd1-866-4US-WAGE (1-866-487-9243)

Internal Revenue Service (IRS)

Federal income tax withholding, FICA, FUTA, Form 941, employment tax deposits

www.irs.gov1-800-829-4933 (Business)

Social Security Administration (SSA)

Social Security numbers, earnings records, benefits

www.ssa.gov1-800-772-1213

U.S. Citizenship and Immigration Services (USCIS)

Form I-9, E-Verify, work authorization

www.uscis.gov1-800-375-5283

Equal Employment Opportunity Commission (EEOC)

Employment discrimination (Title VII, ADA, ADEA, GINA)

www.eeoc.gov1-800-669-4000

Occupational Safety and Health Administration (OSHA)

Workplace safety and health standards

www.osha.gov1-800-321-OSHA (1-800-321-6742)

Employee Benefits Security Administration (EBSA)

ERISA, employee benefit plans, COBRA

www.dol.gov/ebsa1-866-444-3272

Office of Federal Contract Compliance Programs (OFCCP)

Affirmative action, federal contractor EEO

www.dol.gov/ofccp1-800-397-6251

Common Pitfalls to Avoid

Misclassifying employees as exempt

Many employers incorrectly classify employees as exempt from overtime. Ensure employees meet BOTH the salary threshold ($43,888/year) AND duties tests. Salary alone is not sufficient.

Not tracking hours for all employees

Even if you believe an employee is exempt, tracking hours protects you if that classification is later challenged. Many audit settlements require back pay plus liquidated damages.

Ignoring state law differences

Federal law sets the floor, not the ceiling. Many states have higher minimum wages, daily overtime, stricter child labor laws, or additional leave requirements. Always apply the more protective standard.

Missing FICA tax deposits

Late deposits result in failure-to-deposit penalties ranging from 2% to 15% depending on how late. Set up automated EFTPS deposits to avoid this.

Incomplete Form I-9s

I-9 violations are heavily penalized during audits. Ensure all sections are complete, documents are properly examined, and forms are retained for the required period.

Not offering COBRA timely

COBRA notice must be sent within 44 days of the qualifying event. Late notices expose employers to excise taxes and potential lawsuits.

Miscounting FMLA eligibility

An employee needs 12 months of employment AND 1,250 hours worked AND work at a location with 50+ employees within 75 miles. Missing any element means no FMLA eligibility.

Incorrect supplemental wage withholding

Using the 22% flat rate when wages exceed $1 million, or aggregating when separately stated. Errors can result in underwithholding penalties.

Not counting all hours for overtime

Time worked includes waiting time, on-call time (if restricted), training, travel between job sites, and breaks under 20 minutes. Failure to count all hours is a wage violation.

Missing ACA reporting deadlines

Forms 1095-C must be furnished to employees by March 2 and filed with IRS by February 28 (March 31 electronic). Penalties are per form, per day late.

Deducting FUTA for employees

FUTA is an employer-only tax. Never deduct FUTA from employee wages. This is a clear violation and easy to catch.

Not posting required notices

Federal posting requirements apply to most employers. Failure to post can result in fines and may affect your defense in employee claims.

Frequently Asked Questions

What is the current federal minimum wage?

The federal minimum wage is $7.25 per hour as of 2025. However, many states and localities have higher minimum wages. Employers must pay the highest applicable rate (federal, state, or local). The tipped minimum wage is $2.13 per hour, provided tips bring total compensation to at least $7.25 per hour.

What is the overtime threshold for exempt employees?

As of July 1, 2024, the salary threshold for white-collar exemptions is $43,888 per year ($844 per week). Employees must also meet specific duties tests for executive, administrative, or professional exemptions. A further increase to $58,656 that was scheduled for January 1, 2025 was blocked by federal courts.

What is the Social Security wage base for 2025?

The Social Security wage base for 2025 is $176,100. Employees and employers each pay 6.2% Social Security tax on wages up to this limit. There is no wage base for Medicare tax (1.45% each), and employees pay an additional 0.9% Medicare tax on wages over $200,000.

Who is eligible for FMLA leave?

To be eligible for FMLA leave, an employee must: (1) work for a covered employer (50+ employees within 75 miles), (2) have worked for the employer for at least 12 months, (3) have worked at least 1,250 hours in the 12 months before leave, and (4) work at a location with 50 or more employees within 75 miles.

When is Form I-9 due?

Section 1 of Form I-9 must be completed by the employee no later than the first day of work for pay. Section 2 must be completed by the employer within 3 business days of the employee's first day of work. The form must be retained for 3 years after hire or 1 year after termination, whichever is later.