Payroll & Employment Guide USA

Employment contracts in the U.S. establish and define the terms and conditions of the employment relationship between the employer and the employee. Although they can be written, oral, or implied, written contracts are preferred for establishing better clarity on terms like salaries, working hours, benefits, notice periods, and similar.

Notice periods: No legally required period (on the federal level).

Termination of employment: At-will employment - termination can occur at any time, with or without cause, and with or without notice.

Employers in the U.S. are typically required to provide health insurance, retirement plans, and paid time off. Many of them also offer extra perks to stay competitive in the job market. Understanding both of them is essential to attracting and retaining talent.

Mandatory benefits: Social security, Medicare, and unemployment benefits.

Social security and medicare: Social security taxes in the U.S. fund the national retirement system and Medicare, the public health insurance programme for individuals aged 65 and older. Social security also provides income support for those unable to work due to disability and offers survivor benefits to dependents of deceased workers.

Unemployment insurance: Unemployment insurance, governed by the Federal Unemployment Tax Act (FUTA), offers financial assistance to individuals who are unemployed but actively seeking work.

Workers’ compensation insurance: Workers' compensation insurance provides financial assistance and covers medical expenses for employees who are unable to work due to job-related injuries or illnesses.

Family and medical leave: The Family and Medical Leave Act (FMLA) entitles eligible employees to up to 12 weeks of job-protected, unpaid leave each year for specific family and medical reasons, such as caring for a newborn or an ill family member.

Health insurance: The Affordable Care Act (ACA) mandates that qualifying businesses provide affordable health insurance coverage to their full-time employees.

Common perks: Meal vouchers, transport reimbursements.

Leave policies: Paid annual leave, sick leave, parental leave.

13th-month salary: The United States does not require any type of 13th-month payment. However, many companies do offer an end-of-the-year/December bonus, which is usually tied to the employee's productivity.

The U.S. operates a multi-layered tax system that applies at the federal, state, and local levels. Employers are responsible for withholding federal income tax, social security, and Medicare contributions from employee salaries, as well as paying their share of these contributions.

Lawful permanent residents (green card holders) are treated as tax residents until they formally surrender their green card, even if they live abroad long-term. Individuals who meet the substantial presence test, at least 31 days in the current year and 183 weighted days over three years, also qualify as residents.

However, they may still be treated as non-residents if they have a tax home and a closer connection to another country, with certain exceptions for specific groups like students and diplomats.

Personal income tax: For a single taxpayer, the rates are the following:

• $0 – $12,400 → 10%
• $12,401 – $50,400 → 12%
• $50,401 – $105,700 → 22%
• $105,701 – $201,775 → 24%
• $201,776 – $256,225 → 32%
• $256,226 – $640,600 → 35%
• $640,601 and up → 37%

Here are the tax rates for married filing jointly:

• $0 – $24,800 → 10%
• $24,801 – $100,800 → 12%
• $100,801 – $211,400 → 22%
• $211,401 – $403,550 → 24%
• $403,551 – $512,450 → 32%
• $512,451 – $768,700 → 35%
• Over $768,700 → 37%

Withholding and contributions: Here are the withholding rates in the US:

• Dividends: 30%
• Interest: 30%
• Capital gains: 30%

Tax allowances and non-taxable benefits: Citizens, resident aliens, and non-resident aliens may claim a child tax credit if the child is a U.S. resident. For children under 17, the credit is up to USD 2,000 per child, with up to USD 1,700 refundable. The credit phases out at USD 400,000 for married filing jointly and USD 200,000 for all other filers. A non-refundable USD 500 credit is also available for each qualifying dependent who is not a qualifying child.

Deductions and tax reliefs:

• Standard deduction (2026): USD 16,100 (single), USD 32,200 (MFJ), USD 24,150 (head of household)
• Itemised deductions may include mortgage interest, medical/dental expenses, SALT taxes (capped at USD 40,000 through 2029), investment interest, and charitable contributions
• Non-itemisers can deduct cash donations up to USD 1,000 (single) or USD 2,000 (MFJ) from 2026
• Age 65+ additional deduction: USD 2,050 (single) or USD 1,650 per spouse (MFJ), plus a senior deduction up to USD 6,000 (phasing out at higher income levels, 2025–2028)

Other benefits:

• 20% deduction for qualified business income (phases in above USD 201,775 single / USD 403,500 MFJ)
• Foreign tax credits may offset U.S. tax on foreign income (subject to rules)
• Child/dependent care credit: 20%–35% of up to USD 3,000 (one child) or USD 6,000 (two or more)

Payroll practices in the U.S. are governed by both federal and state laws. Employers must pay wages according to the terms set in employment contracts and in compliance with minimum wage laws.

Common payroll frequencies:

• Weekly (52 pay periods per year)
• Biweekly (26 pay periods per year)
• Semi-monthly (24 pay periods per year)
• Monthly (12 pay periods per year)

Payroll components typically include:

• Base salary and allowances
• Deductions and withholdings
• Payroll tax reporting

Salary payment deadline: Companies typically pay their employees in four distinct periods. These are weekly, biweekly, semi-monthly or monthly.

Taxes and contributions payment deadline: Tax season is the period generally between January 1 and April 15 of each year, when individual taxpayers prepare to report their taxable income to the federal government and, in most cases, to the state government in which they reside.

Payroll currency: U.S. Dollar

The legal framework of labour relations in the U.S. is primarily defined by federal laws. These laws cover aspects such as employment classification, minimum wage, working hours, anti-discrimination, overtime, and termination procedures. To stay compliant, employers must carefully follow both federal and state-specific regulations.

Total employment cost:

• Employer’s social security contributions: 6.2%
• Employer’s Medicare contributions: 1.45%
• Employer’s Federal unemployment tax (FUTA): 6%
• Employees’ social security contributions: 6.2% (up to a wage limit of $176,100)
• Employees’ Medicare contributions: 1.45%

Minimum wage: $7.25 per hour

Probation period: From 30 to 90 days.

With EOR services, every business can legally employ individuals in the U.S. without opening local legal entities. The EOR takes over all the legal responsibilities as your team’s official employer, including:

• Legal employment and contracts
• Payroll processing
• Tax withholding
• Benefits administration
• Onboarding/offboarding employees

With PEO services in the U.S., you can get the necessary HR and administrative support while you remain the legal employer. PEO services are beneficial for employers who already have legal entities in the country but need support to manage their workforce operations, including:

• HR support and workforce administration
• Payroll and benefits management
• Compliance and local labour law guidance
• Employment contracts assistance

With Native Teams’ locally adjusted payroll calculator, you can easily estimate net and gross salaries, employer and employee contributions, and other mandatory deductions in the U.S.

Here is a list of public holidays in the USA: