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Compensation

Employee compensation, payroll, executive pay, and related tax compliance

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10 min read

Trump Accounts for Employers: The $2,500 Exclusion, W-2 Box 12 Code TA, and a 5-Step Setup Checklist

Employers can contribute up to $2,500 per employee per year to a child's Trump Account tax-free and report it in W-2 Box 12 under the new Code TA, debuting on 2026 forms. This guide covers the written Section 128 plan, the per-employee (not per-child) cap, the $5,000 aggregate per-child limit, cafeteria-plan salary reductions for dependents only, Section 129-style nondiscrimination testing, and the payroll and account-verification controls that keep the benefit out of taxable wages.

Mike Thrift

payrollemployee-benefitstax-compliance
9 min read

Daylight Saving Time Ends November 1: Why Your Overnight Shift Is Nine Hours, Not Eight

When clocks fall back at 2:00 a.m. on November 1, 2026, a scheduled eight-hour overnight shift becomes nine paid hours under the FLSA — and that ninth hour counts toward the 40-hour overtime threshold. Spring forward is not the mirror image: the hour never worked may be paid voluntarily but is excluded from the regular rate and cannot offset real overtime.

Mike Thrift

payrollcomplianceemployee-hours
9 min read

The 2½-Month Bonus Rule: Why Year-End Bonuses Must Be Paid by March 15 to Be Deductible

An accrual-basis employer can deduct year-end bonuses in the year earned only if employees actually receive the money within 2½ months after year-end — March 15 for calendar-year businesses. The deduction also requires a liability fixed by December 31 under the all-events test, and it fails for bonuses owed to related parties under Section 267 regardless of payment timing.

Mike Thrift

tax-planningaccrual-accountingpayroll
11 min read

Stay Bonuses That Actually Keep People: How to Structure Retention Agreements Without Overpaying or Under-Withholding

A stay bonus agreement pays a key employee to remain through a fixed date, usually 10% to 30% of base salary as a lump sum or milestone installments. This guide covers when a retention bonus beats a raise, how to size it against replacement cost, the terms a written agreement needs (forfeiture carve-outs, clawback limits, who pays in a sale), and the payroll rules that apply, including the IRS flat 22% supplemental-wage withholding, FICA, and state supplemental rates.

Mike Thrift

compensationpayrollwithholding
15 min read

Your $35,568 Salary No Longer Makes Someone Exempt: 2026 Overtime Salary Thresholds in Six States

The federal FLSA salary threshold for the white-collar exemptions is still $684 a week ($35,568 a year) in 2026 after the 2024 DOL rule was vacated and rescinded, but six states set higher floors - Washington $1,541.70/week, California $1,352.00, New York $1,275.00 in the NYC metro and $1,199.10 elsewhere, Colorado $1,057.69, Alaska $938.40, and Maine $871.16. The threshold that applies is the one for the state where the work is performed, and a failed classification exposes two years of unpaid overtime (three if willful) plus liquidated damages that double the recovery.

Mike Thrift

payrollcompliancesmall-business
20 min read

Phantom Stock Plans for Small Businesses: Reward Key Employees Without Giving Away Ownership

A phantom stock plan grants key employees hypothetical units that track company value and settle in cash — no shares issued, no dilution, no voting rights. Payouts are ordinary income subject to FICA when paid, the employer deducts them in the same year, and cash-settled awards are liability awards remeasured at fair value each reporting period. Paying within 2½ months after the year units vest satisfies Section 409A's short-term deferral exemption; a two-to-three-participant plan typically costs $4,000–$10,000 to launch.

Mike Thrift

executive-compensationemployee-benefitscompensation
15 min read

Is an 18% Service Charge a Tip? The IRS Four-Factor Test and What It Costs Your Restaurant Payroll

A mandatory service charge fails the IRS four-factor tip test, so it is wages rather than tip income — you owe both FICA shares on it, lose the Section 45B credit on Form 8846, and it is excluded from the new OBBBA qualified-tip deduction. Covers the four-factor test, the journal entries that keep Service Charge Revenue separate from Tips Payable, and the payroll, tip-credit, sales tax, and fee-disclosure changes a restaurant hits the day it switches.

Mike Thrift

restaurantpayrolltax-compliance
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