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Bonus Payments
(including Incentive Compensation)
National Summary
Many employers offer their employees various types of bonuses—including performance awards, gain-sharing systems, and profit sharing. While bonuses are generally used to reward performance, awards are not directly tied to job performance and are usually offered for perfect attendance, for providing new hire referrals, to recognize an outstanding employee, to motivate employees to work safely, or to reward employee suggestions. There are various legal and tax considerations for employers giving awards and bonuses to their employees. Promised bonuses may be construed as contracts by the courts, while the
Fair Labor Standards Act (FLSA)
requires employers to count nondiscretionary bonuses in an employee's regular rate of pay for the purpose of calculating overtime.
Summary for [Your State]
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Related Topics
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Compensation Administration
Fair Labor Standards Act (FLSA)
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Applies to News & White Papers
Type
Title
Date
State
160480
tools.aspx
Checklists
Bonuses Checklist
02/20/2017
National
159000
tools.aspx
Policies
Bonus Payments
01/13/2017
National
160483
tools.aspx
Checklists
Incentive Compensation Checklist
05/26/2016
National
168609
index.aspx
Questions & Answers
An employee got a signing bonus last year, but has left the organization. We want to 'claw back' the bonus. How do we do this?
09/14/2015
National
167568
index.aspx
Questions & Answers
We would like to have a monthly drawing for a cash bonus. Are there other legal issues we should consider?
06/26/2013
National
167325
index.aspx
Questions & Answers
Are we required to pay a holiday bonus to employees on military leave?
12/31/2012
National
160242
index.aspx
Questions & Answers
We provide performance bonuses for our employees based on the company's financial performance. Is there is a "standard" or ideal goal we should reach for for each employee depending on their position?
12/10/2010
National
159273
index.aspx
Questions & Answers
An audit revealed that I overpaid an employee by $5,000 in 2008 in the form of a bonus. How do we go about recovering this from the employee, and what are the tax implications to the company?
09/21/2009
National
158990
tools.aspx
Policies
Bonus Plan (Standard II)
06/01/2009
National
156435
index.aspx
Analysis
Bonus Payments
03/04/2009
National
155928
index.aspx
Questions & Answers
Our managers have the potential to earn a bonus each quarter. They have to meet specific criteria. My question is: If a manager decides to leave employment in the middle to end of the quarter, and he or she has met all the criteria for earning the bo
03/28/2008
National
155829
index.aspx
Questions & Answers
Our company is looking to set up a rewards and incentives program. Do you have any sample policies?
01/08/2008
National
155813
index.aspx
Questions & Answers
I have been told that 25% must be withheld for federal withholding on bonus payments. The only reference I found said that this applied to supplemental payments over $1,000,000. Can you verify if this is correct?
12/27/2007
National
155348
index.aspx
Questions & Answers
We are thinking about giving a time-off bonus in lieu of a monetary bonus to an employee for that employee's help through a transition period. Is this legal?
10/24/2006
National
155338
index.aspx
Questions & Answers
Under what circumstances must an employer pay a promised bonus?
10/10/2006
National
155045
index.aspx
Questions & Answers
What are the withholding requirements for bonus payments?
04/25/2006
National
154961
index.aspx
Questions & Answers
Under the federal Fair Labor Standards Act (FLSA), when must bonus payments be included in a worker's hourly rate?
02/07/2006
National
154506
index.aspx
Questions & Answers
How will the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 affect retention bonuses paid by companies who have filed bankruptcy petitions?
08/01/2005
National
159001
tools.aspx
Policies
Employee Referral Program
06/16/2005
National
158998
tools.aspx
Policies
Employee Service Awards
06/16/2005
National
158999
tools.aspx
Policies
Progression Pay Increases (Hourly)
06/16/2005
National
153020
tools.aspx
Policies
Attendance Awards
10/15/2003
National
152918
tools.aspx
Forms
Merit Rating
02/06/2003
National
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