What is Payroll Compliance

What is Payroll Compliance? Payroll Tax Laws To Know in 2022

Are you a business owner worried about payroll compliance? Learn about laws like payroll tax and minimum wage to avoid risk of non-compliance.

Shannon Hodgen
Written by Shannon Hodgen
April 26, 2022
Contents
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Running payroll requires more than paying your employees. Whether you’re a small business owner or a payroll manager for a large corporation, you must understand and comply with payroll requirements wherever your employees live.

In this article, learn the essential payroll compliance requirements to avoid the risk of non-compliance under US Federal and State laws.

What is payroll compliance?

Payroll compliance is adhering to all government regulations about how employers must pay their employees. Employers must adhere to federal, state, and local payroll laws for each employee and failing to do so can lead to trouble with the IRS and hefty fines.

While state and local regulations will vary from place to place, you can expect to deal with a similar set of laws wherever you hire employees. Most payroll compliance laws cover:

  • Tax withholding and reporting
  • Prompt payments to employees
  • Minimum wage and hour requirements
  • Wage withholding for child support and garnishments
  • Ensuring employee eligibility to work in the US
  • Correct worker classification
  • Depositing funds to government agencies
  • Proper tax filing

Payroll compliance hinges on the laws in effect. Once you figure out what you need to do to stay compliant, you’ll be good to go until the laws change or expand into a new region.

Payroll and tax compliance (federal government)

Federal payroll tax compliance includes the tax-related payroll compliance mandated at the national level. You'll have to adhere to five federal payroll tax compliance laws if you have employees working in the US. 

Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) outlines wages and overtime pay standards. FLSA is regulated by the Wage and Hour Division of the Department of Labor (DOL). The Act establishes the federal minimum wage as $7.25 per hour and overtime rates at no less than one and one-half times the regular pay rate after 40 hours in a workweek. 

FLSA stipulates that if the state/local and federal minimum wages are different, the employee is entitled to the higher pay rate. FLSA also regulates:

Learn more about FLSA.

Federal Insurance Contributions Act (FICA taxes)

The Federal Insurance Contributions Act (FICA) requires employers to withhold a percentage of an employee’s paycheck for social security and Medicare taxes. The IRS regulates FICA taxes.

Social security taxes collect funds for old-age, survivors, and disability insurance taxes. Currently, the tax rate for social security is 12.4%, with 6.2% taken from the employee and the other half from employer contributions. The social security tax has a wage base limit, and in 2022, the base is $147,000.

Medicare taxes, also known as the hospital insurance tax, are currently set at 2.9%, with each employee and employer paying 1.45%.

Learn more about FICA taxes.

Federal Unemployment Tax Act (FUTA taxes)

The Federal Unemployment Tax Act (FUTA) requires governments to provide unemployment compensation payments to workers who have lost a job. Most employers must pay both federal and state FUTA taxes, and these fees aren’t deducted from the employees’ wages.

Employers must pay 6% of each employee’s first $7,000 of annual earnings. If your business is in a state that also requires unemployment taxes, you may be eligible for a credit that would lower your federal FUTA tax rate to 0.6%.

Learn more about FUTA taxes.

Equal Pay Act (EPA)

The Equal Pay Act (EPA) is an amendment of the FLSA that protects against wage discrimination based on gender. The EPA guarantees that employers offer equal pay for equal work and covers all forms of compensation, including:

  • Salary
  • Overtime pay
  • Bonuses
  • Life insurance
  • Vacation
  • Holiday pay
  • Cleaning or gas allowances
  • Hotel accommodations
  • Reimbursements for travel expenses
  • Benefits

If a business demonstrates a wage gap between men and women performing equal work, the employer must raise the wages to equalize pay. They cannot reduce anyone’s wages.

Learn more about the EPA.

Davis-Bacon Act

The Davis-Bacon and Related Acts apply to contractors and subcontractors working on federally funded or assisted contracts for public works or building projects over $2000. Under the Davis Bacon Act, contracting business owners must submit Form WH-347 (certified payroll) to demonstrate they pay laborers and mechanics at least the locally prevailing wages and fringe benefits.

Learn more about the Davis Bacon and Related Acts here.

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Payroll compliance (state law)

In the US, each state has additional laws regarding payroll compliance. The state laws may conflict or stack on top of the federal laws—you always need to meet the minimum for both.

Let’s take a look at some of the topics you’ll see covered in state payroll compliance laws.

Minimum wage

Many states have their own minimum wage laws. Since the state laws have to meet the $7.25 per hour federal minimum, most state minimum wages exceed the federal minimum wage. In these instances, employers must meet the higher state minimum wage.

In some cases, municipal governments will have their own tax laws that differ from the state regulations. For example, as of January 2022, the New York state minimum wage is $13.50, while the minimum wage in New York City, Long Island, and Westchester is $15. Therefore, employers operating out of NYC have to follow the $15 per hour rate.

See the current minimum wage in each state.

Overtime pay

Under federal laws, employers must give their non-exempt employees overtime pay for any hours over 40 hours in a given workweek. Some states have more intricate stipulations for employee overtime pay.

Some states require employees to pay the overtime rate if a non-exempt employee exceeds a daily limit (8, 10, or 12 hours). California even requires employers to pay double-time wages in certain scenarios.

Learn more about state-specific overtime laws.

Payment methods

Some states have laws regarding how employers pay their employees (i.e., direct deposit, paper checks). Some states don’t allow you to pay employees through direct deposit or pay cards unless you meet specific requirements outlined in the state’s laws.

Many states will stipulate that to utilize direct deposit or pay cards you must:

  • Ask employees for permission
  • Offer additional payment methods like paper checks for people who don’t want to enroll in the other options
  • Cover accompanying fees
  • Notify employees of fees associated with using alternative payment methods

Learn more about state-specific payment method regulations.

Pay period frequency

Some states have laws regulating pay period frequency, or how often you pay your employees. Certain states also have different stipulations for different industries or professions.

Paid sick leave

At the moment, the following states have state laws entitling employees to a specific number of paid sick days:

  • Arizona
  • California
  • Colorado
  • Connecticut
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Nevada
  • New Jersey
  • New Mexico
  • New York
  • Oregan
  • Rhode Island
  • Vermont
  • Washington 

The following states have further local laws, usually on the municipal level, regarding sick leave requirements:

  • California
  • Illinois
  • Maryland
  • Minnesota
  • New York
  • Pennsylvania
  • Washington
  • Washington, DC

Learn more about state-specific paid sick leave.

Paid parental leave

Currently, California, Colorado (2024), Connecticut, Massachusetts, New Jersey, New York, Oregon (2023), Rhode Island, Washington, and Washington, DC offer paid family leave.

Learn more about creating fair, compliant parental leave policies.

Final paychecks

Most states have laws mandating employers to provide employees with their final paycheck once they leave a business within a certain number of days. Some states will have different stipulations based on whether the employee quit or was fired.

Browse final paycheck compliance requirements by state on the DOL website.

PTO payout

Some states require employers to pay employees for earned but unused paid time off at year-end or when they leave the company. Even if your state doesn’t require you to offer PTO, they may still have a PTO payout law.

Explore PTO payouts by state here.

Workers’ compensation

Most states require employers to purchase workers’ compensation insurance. Exemptions to state workers’ compensation laws are rare, and Texas is the only state that allows employers to opt out of workers’ comp.

See the state-by-state requirements for workers’ compensation here.

International payroll compliance

If your business operates on a global scale, you’ll also need to adhere to international payroll processing regulations. Specifically, you’ll have to comply with laws wherever each employee lives, not where your business is located.

Some of the various international payroll laws that may impact your global payroll include:

  • European Union Working Time Directive (WTD): The EU’s regulations for member nations limiting the number of hours an individual can work each week, including overtime
  • Labor Law of the People’s Republic of China: China’s laws stipulating daily and weekly hour limits, wages, and guidelines on employee contracts, labor disputes, working conditions, welfare, and overtime
  • Wages Protection System of the United Arab Emirates (UAE): The UAE’s guidelines for registering with the Ministry of Human Resources and Emiratisation and paying employees through an approved financial institution by established deadlines
  • UK Employment Rights Act: The United Kingdom’s law regulating employment contracts, dismissal notices, unfair dismissal, parental leave, and redundancy
  • Labor Standards Act of Japan: Japan’s laws for minimum wage, working hours, overtime, annual leave, and other payroll requirements
  • German Act on Part-Time Work and Fixed-Term Contracts: Germany’s guidelines for increasing or decreasing hours for fixed-term workers

Non-compliance mistakes and penalties

Most payroll laws are pretty straightforward but non-compliance and subsequent penalties are steep. Especially if you’re a small business owner, you want to avoid unnecessary mistakes that will take away from your bottom line.

Misclassifying employees as independent contractors

Employee classification is essential when generating contracts for new hires during onboarding. Worker classification determines the employer’s responsibilities for state and federal income tax withholding and tax filing processes at the end of the year.

Since independent contractors are expected to pay different taxes, employers may want to save themselves some money by not making a worker an employee. But misclassifying an employee can have serious consequences.

Failing to comply with worker classification regulations can lead to:

  • Tax violation fines up to 3% of the misclassified employee’s wages, 100% of the FICA taxes that were unpaid, up to 40% of the FICA taxes that weren’t withheld, and $50 for every IRS form you didn’t file for the misclassified employee
  • Federal law violation fines up to $1000 per misclassified employee plus legal fees and repayments
  • Jail time of up to a year

Failure to keep payroll records

Many compliance issues arise because of poor recordkeeping. Depending on the record in question, you’ll need to keep your payroll records for at least two to four years. Many businesses will keep all payroll records for at least six years for safety.

The biggest penalty associated with not keeping your records as long as necessary is the risk that your business will get audited, and you’ll have no way of proving that you complied with the law. Companies have lost legal battles because they didn’t keep their records long enough.

Failure to provide adequate workers’ compensation

Your state legislation may flag you for non-compliance with workers’ compensation laws for failure to file or accurately complete forms, pay benefits in a timely fashion, or pay the proper amount owed to the employee.

The severity of the punishment for failing to purchase workers’ compensation insurance varies based on the state, but the penalty is typically a fee.

Failure to track and pay overtime

Even though it could be a simple human error, not tracking your employees’ overtime and fringe benefits can lead to sticky situations down the road if an employee feels like they were cheated on their pay. The best thing you can do to avoid unnecessary mishaps is to rethink how you run payroll.

Tips for managing payroll tax compliance

The good news is that you don’t have to manage payroll alone. Modern times offer modern solutions, so you have a few options for how you want to navigate payroll and payroll compliance.

Use a payroll software

Instead of relying on your employees to crunch the numbers themselves, adopt an automated payroll software to save time and avoid errors. You say goodbye to time-sucking spreadsheets, and reduce human error (and subsequent non-compliance) regarding employee hours, calculate wages, and payroll records.

Outsource to a payroll service provider

If you’re running a small business and can’t afford to have a full-time payroll manager on staff, outsourcing to a payroll provider may be your best bet. Your payroll service provider can take care of payments, paperwork, and compliance so you can focus on the other aspects of running your business.

Make a payroll compliance checklist

A payroll compliance checklist is the most basic and affordable way to remain compliant.

Create separate sections for the federal regulations we discussed in this piece, then take a deeper dive to determine what your state and local laws require. Then when you’re executing your payroll, you’ll have your checklist ready to go to streamline the process and ensure nothing gets left out.

Never worry about compliance again with Deel

Payroll compliance is nuanced, especially if you hire in multiple states and countries. We hope this article was a helpful crash course; consider bookmarking the article to review before running payroll and filing taxes

Alternatively, kiss your payroll compliance worries goodbye and team up with Deel to leave payroll compliance to the pros.

We’re a global payroll and compliance provider rolled into one to give you a seamless experience. We’ll handle payroll taxes and local laws so you can focus on more core aspects of running your business.

Want to learn how it all works? Book a demo today to find out.

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