FLSA 29 U.S.C. § 207(e)(3)

Discretionary Bonus

Spontaneous reward paid solely at employer discretion, excluded from FLSA overtime regular rate.

Detailed Definition & Statutory Context

Discretionary Bonus is governed by FLSA 29 U.S.C. § 207(e)(3) standards across corporate payroll administration, statutory tax withholding, and general ledger labor accounting. Rigorous compliance with Discretionary Bonus prevents IRS Form 941 deposit penalties and FLSA wage-and-hour litigation.

Statutory Formula & Equation
Excluded Bonus = Paid Without Prior Contract, Metric, or Employee Expectation

General Ledger / Payroll Journal Entry Standard

Debit: Gross Payroll Expense / Employer Tax Expense
Credit: FICA Taxes Payable / Federal Income Tax Payable / Net Pay Cash

Common Operational Pitfalls

  • Excluding non-discretionary bonuses from FLSA overtime regular-rate calculations.
  • Failing to cap Social Security tax withholding once employee earnings exceed the $168,600 wage base.
  • Misclassifying non-exempt hourly employees as exempt salaried workers.

Used in these Payroll Calculators

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Authoritative Statutory Source

Source: https://www.dol.gov/agencies/whd/overtime ↗