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Compensation

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

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

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for the white-collar exemptions is still $684 a week ($35,568 a year) in 2026 after the 2024 DOL rule was vacated and rescinded, but six states set higher floors - Washington $1,541.70/week, California $1,352.00, New York $1,275.00 in the NYC metro and $1,199.10 elsewhere, Colorado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.

payroll
compliance
small-business
Phantom Stock Plans for Small Businesses: Reward Key Employees Without Giving Away Ownership
·mike

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.

executive-compensation
employee-benefits
compensation
Is an 18% Service Charge a Tip? The IRS Four-Factor Test and What It Costs Your Restaurant Payroll
·mike

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.

restaurant
payroll
tax-compliance
IRS Notice 2026-36: How OBBBA's Expanded 21% Excise Tax on Nonprofit Executive Pay Now Reaches Every Employee, Not Just the Top Five
·mike

IRS Notice 2026-36: How OBBBA's Expanded 21% Excise Tax on Nonprofit Executive Pay Now Reaches Every Employee, Not Just the Top Five

OBBBA expanded Section 4960 from the top five to every current and former employee after 2016. Learn how Notice 2026-36 previews proposed rules, who counts as an ATEO, and what nonprofits must track for the 21% tax on pay over $1 million in 2026.

small-business
nonprofit
tax-compliance