Restaurants face special rules for payroll, wages and tips that set them apart from most other businesses. In few industries do customers directly help pay employee wages through tips. These rules come mainly from the federal Fair Labor Standards Act (FLSA) and state laws, and can lead to common compliance issues, if not handled carefully. Minimum wage – While the federal minimum wage is $7.25 per hour, for tipped employees who engage in an occupation in which they customarily and regularly receive more than $30 per month in tips, their minimum wage is only $2.13 per hour in direct wages,…
Posts tagged as “Qualified Overtime”
The IRS has recently published Guidance for Individual Taxpayers who received Qualified Tips or Qualified Overtime Compensation in 2025, Notice 2025-69, which provides direction and examples on how individuals will be able to calculate their Qualified Tips and Qualified Overtime and claim the deduction on their 2025 1040 tax return. Tax year 2025 is a transition year, due to the retroactive nature of its start and the inability of the IRS, Social Security Administration and payroll systems to implement the changes. The amounts arrived at, by the below methods, may not be 100% accurate, but it is acceptable for 2025, according…
As discussed in our earlier blog post here, the One Big Beautiful Bill Act (OBBBA) allows for a provision of “no tax” on tips and overtime. This has turned out to be a bit of a mess, as it pertains to 2025 reporting to the employees, due to insufficient time for the Social Security Administration and the IRS to make the changes to their forms to account for it. Not to mention many payroll systems were not prepared for this brand new retroactive reporting, especially as it pertains to qualified overtime. With that being said, 2025 will be treated as…