Guide
August 9, 2021

Payroll in the United States

Payroll is the act in which an employer pays their employees. Payroll includes salaries, wages, deductions, bonuses, and net pay. Typically, payroll will be on a weekly, biweekly, or monthly schedule. Some of the considerations when running payroll includes how a company will:

  • Pay the employee.
  • Ensure the Employer and Employee have the required legal status to run payroll.
  • Calculate the applicable amount of withholding given an employee’s pay amount, work state, home state, and withholding preferences.
  • Send the withheld payroll taxes to the applicable government bodies on the mandated schedule.
  • Submit the required payroll reports and filing  to local, state, and federal governments.

Processing payroll is one of the most important parts to running a U.S. business. Payment for labor is often the largest cost to a business and can amount to 70%+ of its total expenditure.

Payroll Roles & Responsibilities

The hiring of every new employee requires the restarting of the payroll lifecycle. The Payroll Lifecycle can be broken down into four buckets:

  • Employer: New hire, changes, time data, Form W-4, Form I-9
  • Payroll: Inputs, verifies, processes, distributes, reports, reconciles
  • Government: Tax deposits, monthly and quarterly reports, annual returns
  • Employee: Form W-2, payment, pay advice

Having a repeatable, scalable payroll process will save your business time and money. The HR or payroll leader should be able to document your organizations approach for the following key functions:

  • Paying employees
  • Verifying the integrity of pay data
  • Collecting/inputting time data
  • Inputting new hire information
  • Record keeping
  • Reporting payroll data
  • Distributing paychecks and pay stubs
  • Creating Automated Clearinghouse files
  • Depositing and reporting taxes
  • Communicating with employees
  • Balancing payroll input
  • Modifying existing employee files
  • Reconciling payroll data
  • Processing deductions
  • Researching federal and state regulations

There are many challenges to running a compliant and efficient payroll process in the United States. Because the employer will be held accountable for any payroll missteps, some of the things to be extra aware of are:

  • Complexity: Many federal, state, and local laws affect the way companies can pay their workers. You must evaluate all and see which prevails.
  • Communication: Paychecks are the most scrutinized products of a company. Clear, concise explanations of payroll information benefit employees as well as those who work in payroll.
  • Technology: New software, equipment, and web-based applications can enhance the payroll process as well as human resource functions. Such products can automate timekeeping, record storage, and record retrieval.
  • Accuracy: Ensuring accuracy of employees’ pay is only one part of the accuracy required of a payroll professional.

What are Employers Responsible For in the Payroll Process

The employers are responsible for collecting employee information and data to ensure their pay and withholdings are correct. Employers withhold employee's share of taxes, pay the employer’s share of the taxes, send those taxes to the IRS, and report the employee’s earnings to the SSA. Employers must withhold federal income tax, social security tax, Medicare tax, state income tax, and local income tax from employees’ paychecks. In addition, the company must pay the employer’s share of social security and Medicare taxes and make federal and state unemployment insurance contributions on their behalf.

Unemployment insurance tax is a joint federal-state system. In most states, only the employer is responsible for paying the federal and state unemployment taxes that support the unemployment insurance system. Employees working in Alaska, New Jersey, or Pennsylvania, though, are required to pay part of the state unemployment insurance tax. Like the other taxes discussed above, the unemployment insurance tax in these states is withheld directly from the employees’ paychecks. The federal unemployment tax is not withheld from employees’ wages.

What are Employees Responsible For in the Payroll Process

Employees are required to provide HR with all of their proper and accurate information and data when they are hired. This includes their name, SSN, number of dependents, and their preferred withholdings for taxes.

At year-end, employees will receive payroll information from their employer in the form of a W-2. This details an employee’s withholdings and the amount of money earned and taxes paid over the past year so they can complete their taxes.

Payroll & Accounting Responsibilities

The payroll and accounting departments will typically handle payroll within a company. Depending on the size and makeup of the company this can differ. The HR department will typically collect and enter all of the employee data for the payroll process.

Payroll data can be used when:

  • Accounting records transactions in the company’s account books and prepares financial statements.
  • Cost accounting determines the cost of producing a product or service.
  • Budgeting projects costs and revenues and identifies variances from the budget.

Those in charge of payroll will need to be aware of the United States’ unique approach to payroll & withholding. If a company is not using a payroll product which includes a gross-to-net feature, they need to understand how to deduct federal income taxes, state income taxes, Social Security, and Medicare insurance, as mentioned above. These are basic withholdings that will need to be taken from the workers' checks.

It's also important to develop a reliable, efficient system for the payroll process regardless of the payroll lifecycle at your business. You need to be sure that enough employees are using the right tools to handle the payroll and ensure that your employees are paid on time.

Government Responsibilities

The United States Department of Labor is responsible for setting the labor standards, while the Internal Revenue Service, or IRS, enforces the federal tax laws. Employees in the U.S. can report their Employers for violating the Department of Labor’s labor and wage laws.The IRS requires employers to withhold, report, and pay payroll taxes following their regulations. State and local governments also pass their own payroll legislation.

Frequently asked questions

What onboarding or payroll mistakes can trigger fines or audits for staffing companies?

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Mistakes that trigger compliance audits/fines include: failing to complete/re-verify I-9/E-Verify for employees, misclassifying employees as contractors (or vice versa), not withholding appropriate taxes, failing to report new hires, not paying minimum wage or overtime, failure to provide required pay-stubs, missing child-support garnishments for contractors, incorrect 1099 or W-2 filings. Fines vary but can be significant (e.g., more than $28,000 per ineligible W-2 hire).

How should staffing/gig companies handle worker classification changes (from 1099 to W-2 or vice versa)?

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If your business model, client demands, or regulatory environment changes and you decide to transition workers from 1099 to W-2 (or the reverse in rare cases), you need a solution that handles new onboarding (tax/wage/eligibility paperwork), modifies pay/deductions workflows, updates your pay-roll tax engine, and adjusts your billing/invoicing logic. A flexible platform built for both classification types ensures you avoid patchwork systems. Zeal supports both W-2 and 1099 at scale.

How quickly should a staffing/gig company aim to onboard a worker?

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For on-demand marketplaces and staffing operations where speed matters (shifts change, high turnover), you should aim to complete onboarding (document collection, eligibility check, tax forms) in minutes, not days. A streamlined and unified mobile/remote onboarding flow helps. Zeal supports mobile remote I-9/E-Verify and e-signature onboarding to accelerate this.

What are the pitfalls of using a standard payroll vendor for staffing/gig operations?

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Many general payroll vendors are built for “one employer, one location, one schedule” scenarios — not high-volume, many-workers, multi-location gig models. They often lack: onboarding workflows tailored to high-volume staffing, automated classification support (W-2/1099), multi-jurisdiction tax engines, fast payouts (instant, paycards), billing and receivable integration, and worker self-service portals. By contrast Zeal is built for staffing/gig scale.

How does multi-jurisdiction work affect payroll, tax and compliance for staffing/gig companies?

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In on-demand or staffing operations where a worker may live in one state, work in another, or travel across multiple jurisdictions in a week, compliance becomes significantly more complex. You must manage: minimum wage requirements differing by state/city, overtime rules by jurisdiction, tax withholding/residency/work-state issues, unemployment/worker‐comp jurisdictional issues.  A robust solution will dynamically capture worker location info at onboarding and at each shift, determine applicable rules, and automate pay accordingly.

What onboarding documents do I need for W-2 employees in staffing/gig operations?

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For W-2 employees you must ensure:

  1. Valid employment eligibility documentation via Form I-9
  2. Withholding certificates (Federal W-4 + applicable state/state equivalent)
  3. Offer letter or employment agreement (where applicable)
  4. Labor-law posters (often jurisdiction-dependent)
  5. New-hire reporting to state agency within required timeframe (often 20 days) and proper record-retention

Also ensure you capture worker’s multiple work locations or shifts if they cross jurisdictions (for tax/withholding purposes).

What onboarding documents do I need for 1099 independent contractors?

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At minimum you should:

  1. Collect a completed Form W-9
  2. Store it for (at least) three years after the last year in which you issued a 1099 to that worker
  3. If your state requires new-hire reporting of contractors, comply with that
  4. Keep records of payments and be ready to prepare/issue Form 1099-NEC or 1099-K when compensation is greater than $600
  5. Track reimbursements vs non-reimbursement earnings (as they may report differently) to ensure correct tax treatment

You may also want to collect a Form I-9 from your workers and have their employment eligibility verified through E-Verify. While this is not required we are seeing that enforcement of employment eligibility varies by administration.

How do I determine whether a worker should be classified as W-2 or 1099 in a staffing/gig context?

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Worker classification hinges on the “employee vs independent contractor” analysis. Under U.S. Department of Labor (DOL) final rule effective March 11, 2024 (regulation at 29 CFR 795), six key factors apply:

  1. opportunity for profit/loss through managerial skill
  2. investments by the worker
  3. degree of permanence of the relationship
  4. nature/degree of control
  5. integral part of business
  6. skill/initiative

In staffing/gig firms you must apply this test consistently and document your decision. Misclassification can lead to compliance violations and major fines (for example, for missing minimum wage or overtime protections when a worker should have been W-2).

What are the key compliance risks when onboarding gig workers?

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For staffing companies and marketplaces working with gig or on-demand labor, the onboarding phase is a critical risk point. Key risks include: mis-classifying a worker (i.e., treating a W-2 employee as a 1099 contractor), failing to complete a compliant I-9 / E-Verify check for W-2 workers, not collecting correct tax forms (W-4 for employees, W-9 for contractors), lacking documentation of worker certifications or licenses, and failing to collect or monitor multijurisdictional data (worker’s residence, work location, shift locations) that will affect tax & wage compliance. Additionally, companies can use the onboarding process to mitigate other compliance risks such as displaying labor posters and onboarding to faster payment methods. By automating onboarding workflows you reduce manual errors, accelerate worker start-time, and build a more compliant foundation.

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