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Quick facts
- ✓Order of operations: hours worked, gross pay, pre-tax deductions, tax withholding, after-tax deductions and garnishments, net pay.
- ✓Federal minimum wage: $7.25 an hour, effective July 24, 2009 (U.S. Department of Labor, checked October 2026); where a state law gives employees more, employers must comply with both.
- ✓Overtime: at least one and one-half times the regular rate for hours over 40 in a workweek; the regular rate is total pay for the workweek (minus statutory exclusions) divided by hours actually worked (29 CFR 778.107 and 778.109).
- ✓Social Security tax, 2026: 6.2% each for employee and employer on wages up to $184,500; Medicare tax: 1.45% each with no wage base limit (IRS Publication 15, 2026) [VERIFY ANNUALLY].
- ✓Additional Medicare Tax, 2026: 0.9% withheld from wages paid over $200,000 in a calendar year, starting in the pay period the threshold is crossed; there is no employer share (IRS Publication 15) [VERIFY ANNUALLY].
- ✓Federal income tax withholding follows the employee's Form W-4 and the 2026 methods in IRS Publication 15-T; supplemental wages identified separately may use a flat 22% rate (37% above $1 million in the year).
- ✓Ordinary garnishments are capped at the lesser of 25% of weekly disposable earnings or the amount above 30 times the federal minimum wage, which is $217.50 a week (15 U.S.C. 1673; DOL Fact Sheet #30, December 2024).
What it means in practice
Every paycheck is the result of the same chain of calculations. The employer counts the hours worked in each workweek, prices them at the right rates to reach gross pay, removes amounts that are excluded from taxable wages, figures and withholds taxes, subtracts the remaining deductions, and pays what is left. This entry walks through that chain at the federal level. It is the core arithmetic of payroll. State and local taxes and state wage laws add their own steps, covered briefly below.
Step 1: Fix the workweek and count hours worked. Under the Fair Labor Standards Act (FLSA), the workweek is the unit of measure. It is a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods, that may begin on any day and hour and stays fixed regardless of the schedule (29 CFR 778.105). It is the standard for applying the Act (29 CFR 776.4), and hours cannot be averaged across weeks, however often the employee is paid (29 CFR 778.104). Work that is not requested but is "suffered or permitted" is work time if the employer knows or has reason to believe it is being done, and a rule against it is not enough on its own (29 CFR 785.11 and 785.13). Fact Sheet #22 says short rest periods count as hours worked; bona fide meal periods generally do not. Rounding punches to the nearest 5 minutes, tenth or quarter hour is accepted only if, over time, employees are still paid for all time actually worked (29 CFR 785.48). See hours worked for the detailed rules.
Step 2: Price the hours. For hourly employees, hours up to 40 in the workweek are paid at the agreed rate, which is straight-time pay. Covered, non-exempt employees must receive overtime of at least one and one-half times the regular rate for hours over 40, and the regular rate may never be below the statutory minimum (29 CFR 778.107). The regular rate is an hourly rate even for employees paid by salary, piece rate or commission: total remuneration for the workweek, except statutory exclusions, divided by hours actually worked (29 CFR 778.109). A salary is divided by the hours it is meant to cover, after converting a monthly salary to weekly by multiplying by 12 and dividing by 52 (29 CFR 778.113). Overtime earned in a workweek is generally due on the regular payday for the period in which that workweek ends (29 CFR 778.106).
Step 3: Check minimum wage for each workweek. The federal minimum wage is $7.25 an hour, effective July 24, 2009, and the Department of Labor notes that some state laws provide greater protections and employers must comply with both; see minimum wage. Because the workweek is the standard, a biweekly or semimonthly paycheck still has to satisfy the minimum for each workweek inside it. Wages must be paid "free and clear." If an employee must buy tools of the trade or similar items for the employer's work, there is a violation in any workweek where that cost cuts into the minimum or overtime wages required (29 CFR 531.35). Deductions for items that are not board, lodging or other facilities are illegal to the extent they reduce wages in a workweek below the required minimum (29 CFR 531.36(b)).
Step 4: Total gross pay. Gross pay adds straight-time pay, overtime premiums, bonuses, commissions, paid leave and other compensation. IRS Publication 15 (2026) says wages subject to federal employment taxes generally include all pay given to an employee for services, in cash or other forms, and that overtime pay is subject to Social Security, Medicare and FUTA taxes and to federal income tax withholding. See gross income.
Step 5: Subtract pre-tax deductions. Some deductions come out before certain taxes are figured, and they do not all reduce the same tax bases. Publication 15's exemption table shows elective deferrals to a 401(k) plan as generally exempt from federal income tax withholding but taxable for Social Security, Medicare and FUTA. IRS Publication 15-B says a cafeteria plan provides qualified benefits, including accident and health benefits, on a pre-tax basis, and lists accident and health benefits as exempt from income tax withholding, Social Security, Medicare and FUTA. So one paycheck can have two taxable wage figures, one for income tax and one for FICA. See pre-tax deduction.
Step 6: Figure federal income tax withholding. Publication 15 says employers should have a Form W-4 on file for each employee to know how much federal income tax to withhold, and that a new employee who does not provide a completed 2026 Form W-4 is treated as Single or Married filing separately with no entries in Steps 2, 3 or 4. Employers then use one of the methods in Publication 15-T, such as the wage bracket tables or the percentage method; see Form W-4. The 2026 percentage method worksheet (Worksheet 1A) annualizes the period's taxable wages, adjusts for the W-4 entries (including a $12,900 or $8,600 subtraction when the Step 2 box is not checked), applies the annual rate table and divides back to the pay period. Bonuses and other supplemental wages paid separately, or combined but specified separately, may be withheld at a flat 22% if income tax was withheld from the employee's regular wages in the current or preceding calendar year; the mandatory rate is 37% on supplemental wages over $1 million in the year (Publication 15, section 7).
Step 7: Withhold Social Security and Medicare. For 2026, Publication 15 lists Social Security tax at 6.2% each for employer and employee on wages up to the $184,500 wage base, and Medicare tax at 1.45% each with no wage base limit. The employer stops collecting the employee share of Social Security once the employee's 2026 wages reach $184,500 but keeps withholding Medicare on all wages. Separately, the employer must begin withholding the 0.9% Additional Medicare Tax in the pay period in which it pays wages over $200,000 to an employee, and continue through the end of the calendar year; there is no employer share. These are explained in FICA. The employer also pays its matching FICA share and FUTA tax (6.0% on the first $7,000 of each employee's 2026 wages before state credits), which Publication 15 says is never withheld from wages.
Step 8: Subtract after-tax deductions. Deductions that do not reduce taxable wages, such as many voluntary benefit premiums, charitable gifts or repayments, come out of pay after taxes are figured; see after-tax deduction and the overview of payroll deductions. The Step 3 limits still apply to deductions that benefit the employer.
Step 9: Apply garnishments within the limits. A garnishment order is calculated on disposable earnings, which the Department of Labor's Fact Sheet #30 describes as earnings left after legally required deductions such as federal, state and local taxes and the employee share of Social Security and Medicare; voluntary deductions such as insurance premiums and union dues generally are not subtracted. For ordinary debts, the weekly amount garnished may not exceed the lesser of 25% of disposable earnings or the amount by which they exceed 30 times the federal minimum hourly wage (15 U.S.C. 1673(a)). Fact Sheet #30 puts that floor at $217.50 weekly and $435.00 biweekly. Support orders, tax debts and bankruptcy orders follow different rules, and where a state law results in less being garnished, that law controls. See garnishment.
Step 10: Pay net pay and keep the records. What remains is net pay, the amount delivered to the employee, usually itemized on a pay stub. The FLSA does not set a pay frequency; the Department of Labor's state payday table (last revised January 1, 2023) shows that states do. FLSA payroll records must show, among other items, when the workweek begins, hours worked each workday and workweek, straight-time and overtime earnings, additions and deductions, total wages and the pay date (29 CFR 516.2). Publication 15 says employment tax records should be kept for at least 4 years.
Hourly paycheck, weekly pay, 2026. An employee earns $18.00 an hour and works 46 hours in the workweek. Gross pay is 40 x $18.00 = $720.00 plus 6 x $27.00 = $162.00, for $882.00. The employee has a $40.00 cafeteria plan health premium and a $30.00 401(k) deferral. FICA wages are $882.00 - $40.00 = $842.00, so Social Security is $842.00 x 6.2% = $52.20 and Medicare is $842.00 x 1.45% = $12.21. Income tax wages are $882.00 - $40.00 - $30.00 = $812.00. Under 2026 Worksheet 1A for a Single 2026 Form W-4 with no other entries: $812.00 x 52 = $42,224; minus $8,600 = $33,624; the Single table gives $1,240 plus 12% of the $13,724 over $19,900, or $2,886.88 a year; divided by 52 that is $55.52. Net pay before any state or local tax (which varies by state and is left out here) is $882.00 - $40.00 - $30.00 - $55.52 - $52.20 - $12.21 = $692.07.
Same paycheck with an ordinary creditor garnishment. Disposable earnings start from gross pay and subtract only the legally required withholdings: $882.00 - $55.52 - $52.20 - $12.21 = $762.07. The health premium and 401(k) deferral are voluntary, so they are not subtracted for this purpose. The two federal limits are 25% of $762.07, or $190.51, and $762.07 - $217.50 = $544.57. The lesser, $190.51 (rounded down), is the most an ordinary garnishment may take that week (less if the order asks for less or state law allows less). If the full amount is due, net pay becomes $692.07 - $190.51 = $501.56.
Semimonthly salary plus bonus crossing the 2026 caps. An employee paid $10,000.00 semimonthly has $180,000.00 of 2026 wages before this payday. This check adds a separately stated $15,000.00 bonus, for $25,000.00 total. Only $4,500.00 remains under the $184,500 Social Security wage base, so Social Security is $4,500.00 x 6.2% = $279.00. Medicare applies to all $25,000.00: $362.50. Year-to-date wages reach $205,000.00, so the 0.9% Additional Medicare Tax applies to the $5,000.00 above $200,000: $45.00. The bonus may be withheld at the flat 22% supplemental rate: $3,300.00. For the salary, Worksheet 1A for a Single 2026 Form W-4 with no other entries gives $10,000.00 x 24 = $240,000, minus $8,600 = $231,400; $41,024 plus 32% of the $22,125 over $209,275 is $48,104 a year, or $2,004.33 per period. Net pay with no other deductions is $25,000.00 - $5,304.33 - $279.00 - $362.50 - $45.00 = $19,009.17. Accurate year-to-date wages drive these cutoffs.
Minimum wage check on a deduction. The Department of Labor's Fact Sheet #16 says that if an employee paid the $7.25 minimum is required to wear a uniform, the employer may not deduct the uniform's cost at all. If the employee is paid $7.75 an hour and works 30 hours in the workweek, the most the employer can deduct is $15.00 ($0.50 x 30 hours).
Where states differ. This entry describes the federal baseline, and state rules can change several steps. Two examples from official state pages: the California Department of Industrial Relations overtime FAQ says overtime is owed for hours over eight in a workday, at one and one-half times the regular rate through 12 hours and double time beyond 12, which changes Step 2. The New York State Department of Labor says it is illegal to deduct for breakages, cash shortages, fines, losses to the business and deductions not listed in section 193 of the Labor Law, which changes Steps 8 and 9. States also set pay frequency and income tax withholding. Check your own state agency; the Department of Labor lists state labor offices.
Questions employers ask. Is overtime still subject to withholding now that employees can deduct qualified overtime? Yes. Publication 15 says overtime is subject to federal income tax withholding, and separately notes that for tax years beginning after 2024 and ending before 2029, individuals may deduct up to $12,500 ($25,000 married filing jointly) of qualified overtime on their returns. Can we average a biweekly period to avoid overtime? No; each workweek stands alone (29 CFR 778.104). Do we calculate overtime on a salaried non-exempt employee? Yes, on the hourly rate derived from the salary (29 CFR 778.113); see salaried non-exempt.
Why it matters and common mistakes
Testing overtime or minimum wage across a whole biweekly or semimonthly pay period instead of each workweek (29 CFR 778.104 and 776.4).
Computing overtime on the base rate when bonuses or other pay must be included in the regular rate (29 CFR 778.109).
Using one taxable wage figure for every tax, so 401(k) deferrals wrongly reduce Social Security and Medicare wages (IRS Publication 15).
Continuing Social Security withholding past the $184,500 wage base for 2026, or forgetting to start Additional Medicare Tax in the pay period wages pass $200,000 (IRS Publication 15) [VERIFY ANNUALLY].
Withholding without a current Form W-4, or not applying the Single default when a new employee provides none (IRS Publication 15).
Figuring a garnishment on net pay, or subtracting voluntary deductions such as health premiums before applying the 25% limit (DOL Fact Sheet #30).
Taking uniform, tool or shortage deductions that push a workweek below minimum wage or overtime due, or that state law forbids (29 CFR 531.35; New York Labor Law section 193).
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Sources & References
- *IRS Publication 15 (2026), Employer's Tax Guide - 2026 Social Security 6.2% and $184,500 wage base; Medicare 1.45% no limit; Additional Medicare Tax over $200,000, no employer share; W-4 requirement and Single default; supplemental wage 22%/37% rule; 401(k) deferral tax treatment; overtime subject to withholding and qualified overtime deduction; FUTA 6.0% on first $7,000, employer only; 4-year record retention
- *IRS Publication 15-T (2026), Federal Income Tax Withholding Methods - Worksheet 1A steps, $8,600/$12,900 adjustment, 2026 annual percentage method tables used in the worked examples
- *IRS Publication 15-B (2026), Employer's Tax Guide to Fringe Benefits - cafeteria plans provide qualified benefits pre-tax; accident and health benefits exempt from income tax withholding, Social Security, Medicare and FUTA
- *IRS Topic No. 751, Social Security and Medicare Withholding Rates - employer withholds 0.9% Additional Medicare Tax on wages over $200,000 regardless of filing status
- *U.S. Department of Labor - Minimum Wage - federal minimum wage $7.25 effective July 24, 2009; employers must comply with both federal and greater state protections
- *DOL Fact Sheet #22 - Hours Worked Under the FLSA - suffered or permitted work; short rest periods counted; bona fide meal periods generally unpaid
- *DOL Fact Sheet #16 - Deductions From Wages for Uniforms and Other Facilities Under the FLSA - uniform deduction may not reduce pay below minimum wage; $7.75 x 30 hours example, $15.00 maximum
- *DOL Fact Sheet #30 - Federal Wage Garnishment Law, CCPA Title III - disposable earnings definition; 25% limit and $217.50/$435.00/$471.25/$942.50 floors; support order percentages; tax and bankruptcy exceptions; state law with lower amount controls
- *DOL - State Payday Requirements - pay frequency set by state law (table last revised January 1, 2023)
- *DOL - State Labor Offices - directory of state labor offices
- *eCFR - 29 CFR Part 778 Overtime Compensation - sections 778.104-778.107, 778.109, 778.110, 778.113, 778.115: no averaging, workweek, payment timing, regular rate, examples
- *eCFR - 29 CFR 776.4 Workweek standard - workweek is the standard for applying the Act
- *eCFR - 29 CFR Part 785 Hours Worked - sections 785.11, 785.13, 785.48: suffered or permitted work, duty of management, rounding
- *eCFR - 29 CFR 531.35 and 531.36 - free and clear payment; deductions may not cut into minimum or overtime wages in a workweek (531.36(b))
- *eCFR - 29 CFR 516.2 Payroll records - required payroll record items
- *GovInfo - 15 U.S.C. 1673 Restriction on garnishment - 25% or 30 times minimum wage limit; exceptions for support, Chapter 13 and tax debts
- *California DIR (DLSE) - Overtime FAQ - example of state daily overtime over 8 hours and double time over 12 hours
- *New York State Department of Labor - Illegal Deductions - example of state limits on wage deductions under Labor Law section 193
Last reviewed: October 2026. Figures are reviewed annually - see Sources & References for current figures.
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