USA-fact-sheet
Payroll and HR Fact Sheet for USA
1. Payroll Overview
Key Elements:
- Minimum Wage: The federal minimum wage is $7.25 per hour, but states may set higher rates. For example, as of 2024, California’s minimum wage is $16.00 per hour.
- Overtime Pay: Typically 1.5 times the regular rate for hours worked beyond 40 in a workweek.
- Deductions: Federal and state income tax, Social Security, Medicare, and other statutory deductions.
Federal Requirements:
- Social Security and Medicare (FICA): Both employer and employee contribute.
- Federal Income Tax: Based on progressive tax brackets.
- Federal Unemployment Tax Act (FUTA): Employer-paid tax to fund state workforce agencies.
Provincial Variations:
Each state may have specific payroll requirements, including minimum wage, tax withholdings, and unemployment insurance.
2. Human Resources Compliance
Key Legislation:
- Fair Labor Standards Act (FLSA): Governs minimum wage, overtime pay, and child labor.
- Family and Medical Leave Act (FMLA): Provides eligible employees with up to 12 weeks of unpaid leave for specific family and medical reasons.
- Americans with Disabilities Act (ADA): Prohibits discrimination based on disability and requires reasonable accommodations.
Employment Standards:
- Hours of Work: Generally, the standard workweek is 40 hours.
- Vacation: No federal requirement for paid vacation; policies vary by employer.
Public Holidays: No federal requirement; policies vary by employer.
3. Statutory Benefits
Social Security and Medicare:
- Social Security provides retirement, disability, and survivor benefits.
- Medicare provides health insurance for individuals 65 and older and certain younger people with disabilities.
- Contributions are mandatory for both employer and employee.
Unemployment Insurance (UI):
- Provides temporary financial assistance to eligible unemployed workers.
- Funded by employer contributions at both the federal and state levels.
Workers’ Compensation:
- Administered by states, providing benefits for work-related injuries and illnesses.
- Employers typically must carry workers’ compensation insurance.
4. Employee Rights
Equal Employment Opportunities:
- Anti-discrimination laws, such as Title VII of the Civil Rights Act, prohibit discrimination based on race, color, religion, sex, and national origin.
- Employers must provide reasonable accommodations for disabilities under the ADA.
Workplace Health and Safety:
- Governed by the Occupational Safety and Health Administration (OSHA).
- Employers are responsible for providing a safe workplace and complying with OSHA standards.
Termination and Severance:
- Employment is generally “at-will,” meaning employers can terminate employees at any time, with some exceptions.
- Some states have specific rules regarding notice periods and severance pay.
5. HR Best Practices
- Record Keeping: Maintain accurate records of employee information, payroll details, and compliance with employment standards.
- Employee Training: Regular training on workplace safety, harassment prevention, and diversity and inclusion.
- Performance Management: Implement a system for regular performance reviews and feedback.
- Compliance Audits: Periodic audits to ensure adherence to federal and state laws.
