Module 04 of 08
Payroll basics
Payroll is one of the most legally sensitive things you do as an employer. Getting it wrong — even accidentally — can trigger penalties, employee complaints, and audits. This module explains how payroll taxes work, what determines how often you pay, how overtime applies, tip rules, and how to pick a payroll service that won't cost you more than it saves.
How payroll taxes work
When you pay an employee, you're not just handing over their wage. You're also responsible for collecting, holding, and sending several taxes to federal and state agencies — on a deadline. Missing payroll tax deposits is one of the most penalized things a small business can do.
As an employer, you owe two types of payroll obligations: amounts you withhold from the employee's pay (income tax, employee share of FICA) and amounts you pay yourself as the employer (employer share of FICA, FUTA, state unemployment).
THE TRUST FUND PENALTY
Withheld employee taxes are called "trust fund" taxes — the IRS treats them as money held in trust for the government. If you collect them and don't send them in, the IRS can hold you personally liable even if your business is an LLC or corporation. This penalty does not go away in bankruptcy.
Estimates only. Federal income tax withholding depends on the employee's W-4 elections. SUTA rates vary by state and your business's claims history. Does not include workers' comp insurance, which adds 2–8% depending on job type and state.
In this Module
How payroll taxes work
Pay frequency
Overtime rules
Tip reporting
Choosing a payroll service
Real-world example
Related Modules
Payroll basics
HR legal requirements
Pay frequency — how often do you have to pay?
Most states require at least semi-monthly (twice a month) or bi-weekly (every two weeks) payroll for hourly workers. Weekly payroll is more frequent but protects you from large catch-up obligations. Monthly payroll is rarely allowed for hourly employees under state law.
Bi-weekly (every two weeks) is the most common cadence for small businesses. It's predictable for employees and manageable for owners. Set your payroll dates before you hire, tell employees what they are on day one, and stick to them.
LATE PAYROLL = VIOLATION, NOT JUST BAD FOR BUSINESS
In most states, failing to pay employees on time is a wage violation, not a business dispute. Employees can file complaints with your state labor board, and many states allow them to recover additional damages on top of late wages. This is true even if you pay eventually.
Overtime rules
Federal law (FLSA) requires you to pay non-exempt hourly employees 1.5x their regular rate for any hours over 40 in a workweek. Overtime is calculated on a workweek basis — not per pay period, not averaged across two weeks.
Some states have stricter rules: California requires overtime after 8 hours in a single day, regardless of total weekly hours. Check your state's rules before you assume federal law is the floor.
REAL-WORLD EXAMPLE
The biweekly overtime misunderstanding
A restaurant owner pays bi-weekly and sees an employee who worked 35 hours the first week and 45 hours the second week — 80 total. She thinks: 80 ÷ 2 = 40 hours, no overtime owed. Wrong. Overtime is week by week. The second week's 5 extra hours must be paid at 1.5x. She owes 5 × (1.5 × $16) = $120 in overtime she didn't budget for — and that's just one employee.
Tip reporting rules for service businesses
If you have tipped employees, the rules add another layer. Employees must report all tips to you each pay period. You must include reported tips in their gross wages for withholding and FICA purposes. You also owe employer FICA on tips — but you can claim a tax credit (FICA tip credit) to offset some of that cost.
Federal tipped minimum wage is $2.13/hr, but only if tips bring the employee up to at least $7.25/hr. Many states have higher minimums. If an employee's tips don't cover the gap, you must make up the difference. This is called a "tip credit" and the rules vary considerably by state — some states don't allow it at all.
Choosing a payroll service
For most small businesses with 1–10 employees, a payroll service is worth every dollar. The cost ($40–$100/month typically) is far less than the time spent doing it manually, and far less than the penalties from doing it wrong.
Gusto
Full-service payroll with tax filing, onboarding, and benefits. Clean UI. Popular with small businesses.
From ~$46/month + $6/employee
ADP RUN
More features, better for 5–50 employees. More complex but handles edge cases well.
Custom pricing — call for quote
QuickBooks Payroll
Good if you already use QuickBooks accounting. Direct integration saves time on bookkeeping.
From ~$50/month + $6/employee
Homebase Payroll
Integrated with the scheduling tool. Convenient if you're already using Homebase for shifts.
From ~$39/month
THE ONE THING A PAYROLL SERVICE DOESN’T DO
A payroll service files and pays taxes on your behalf — but only with the information you give them. If you enter the wrong hours, misclassify someone, or forget to update a pay rate, the errors are still yours. A payroll service eliminates the filing burden, not the responsibility to get the inputs right.