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Free Compensation Policy Template for Small Business

Free compensation policy template for small business. Four versions: standard, hourly, salaried, and startup, with FLSA and pay-transparency notes. DOCX.

Nick Anisimov

Nick Anisimov

FirstHR Founder

Payroll
16 min

Compensation Policy Template

Four free compensation policy templates for small business: a standard version, an hourly and non-exempt version, a salaried and exempt version with FLSA classification, and a startup version with equity. With a pay-philosophy picker, salary bands, and 2026 FLSA and pay-transparency guidance. Download as DOCX, no signup.

A compensation policy sets how your business decides what to pay. It states your pay philosophy, your salary bands, how base pay is set, how bonuses and equity work, and how you stay compliant with wage law, ending with an employee acknowledgment. Written well, it turns pay from a series of one-off judgment calls into a system you can apply consistently and explain when asked, which is exactly what protects a small business when a pay decision is questioned.

These four templates cover the situations a small business actually faces: a standard policy, an hourly and non-exempt version for retail and restaurants, a salaried and exempt version with the FLSA classification language most templates skip, and a startup version built around equity. Each downloads as a Word document, free and without an email, with a pay-philosophy picker, salary bands, and current FLSA and pay-transparency guidance. Because compensation sits at the center of pay, this pairs with your compensation plan and your employee handbook.

TL;DR
A compensation policy sets your pay philosophy, salary bands, base and variable pay, equity, pay equity, and legal compliance, ending with a signed acknowledgment. Download four free templates as DOCX: standard, hourly and non-exempt, salaried and exempt, and startup with equity. The rules that trip up small businesses: a salaried role is exempt only if it passes all three FLSA tests above the $684 per week threshold, and pay-transparency laws increasingly require salary ranges. This is general information, not legal advice.

What a Compensation Policy Is

A compensation policy is a written document that explains how a company sets and manages employee pay. It covers the compensation philosophy, the pay structure of levels and bands, how base pay is set, variable pay and equity, pay reviews, pay equity, and legal compliance, ending with an acknowledgment. It is broader than a single salary or bonus policy, since it sets the framework those pieces fit into.

It is an employer-side document, usually part of the employee handbook, written by HR or, in a small business, the owner or a manager. Its value is consistency and defensibility: pay decisions follow a documented system rather than ad hoc judgment. It works alongside a practical compensation plan, and understanding gross versus net pay helps when you communicate the numbers to employees.

Pick a Pay Philosophy First

Before the bands and the compliance language, a compensation policy needs a philosophy: where you choose to sit relative to the market. This single decision shapes every pay call that follows, so it comes first. There are three classic positions.

Lead the market
Pay above the market median to attract and keep top talent. The most expensive stance, used when talent quality is the main competitive lever. Best for roles where a strong hire is worth a premium and turnover is costly.
Match the market
Pay at the market median for comparable roles in your industry and region. The most common and balanced stance: competitive without overspending. A safe default for most small businesses writing a first policy.
Lag the market
Pay below the market median, usually offset by equity, flexibility, growth, or mission. Preserves cash, common at early-stage startups and nonprofits, but requires a real non-cash story to retain people.
Most Small Businesses Match, Then Adjust
Matching the market median is the safe, common default: competitive enough to hire and keep people without overspending. From there, you can lead the market for a few hard-to-fill or business-critical roles, or lag with a strong equity or flexibility story if you are early-stage and cash-constrained. What matters is stating the philosophy explicitly, because it becomes the reason behind every band and every raise. This is general information, not legal advice.

What to Include

A complete compensation policy covers four groups: strategy, structure, pay beyond base, and fairness and law. The four groups below are the consensus set that strong compensation policies share.

Strategy
Purpose and scope
Compensation philosophy: lead, match, or lag
Who the policy covers
Structure
Levels and salary bands
How base pay is set
Hourly versus salaried treatment
Beyond base pay
Variable pay: bonuses, commissions
Equity, if offered
Benefits overview
Fairness and law
Pay reviews and merit increases
Pay equity and the Equal Pay Act
FLSA and state pay-transparency compliance

The sections small businesses most often skip, and most need, are the FLSA exempt classification and the pay-transparency compliance language. Those are where legal risk concentrates, and every template here builds them in.

Which Template Should You Use?

Start with the standard policy for a general small team, the hourly version if most of your staff are non-exempt, the salaried version if you need the FLSA classification detail, and the startup version if you pay with equity. They share a structure, so you can mix sections as needed.

Standard Small-Business Policy
The default
A lean, complete policy for a small team: purpose, a pay-philosophy pick, a simple band structure, review cadence, variable pay, and compliance. The right starting point when you are writing your first compensation policy.
Hourly / Non-Exempt Policy
Retail, restaurant
For a mostly hourly workforce. Adds overtime rules, shift differentials, timekeeping, and a tip section, the pieces an hourly-heavy business actually needs and generic policies skip.
Salaried / Exempt Policy
With FLSA classification
For salaried roles, with the exempt-versus-non-exempt classification language most templates ignore, including the three-part FLSA test and the salary-basis rules.
Startup Policy with Equity
Early-stage
For a company that pays with cash plus equity. Covers base-salary positioning, an equity framework with vesting, and how total compensation is the sum of cash, equity, and benefits.
Match the Template to Your Workforce
A general small team: the Standard policy. A retail or restaurant business with mostly hourly staff: the Hourly and Non-Exempt policy with overtime and shift differentials. Salaried roles where classification matters: the Salaried and Exempt policy with the FLSA tests. An early-stage company paying with equity: the Startup policy. Whichever you pick, set your philosophy, benchmark your bands, classify roles by the FLSA tests, and collect a signed acknowledgment.

4 Free Compensation Policy Templates

Download all four as a single Word document or copy individual templates. The standard policy is the core; the hourly version adds overtime and timekeeping; the salaried version adds FLSA classification; and the startup version adds equity. Fill in your philosophy, bands, and pay rules, and have counsel review the classification and compliance language.

Download All 4 Compensation Policy Templates
A standard small-business policy, an hourly and non-exempt policy, a salaried and exempt policy with FLSA classification, and a startup policy with equity. All in one DOCX.

Template 1: Standard Small-Business Compensation Policy

A lean, complete policy for a small team: purpose, a pay-philosophy pick, a simple band structure, review cadence, variable pay, and compliance. The right starting point for a first compensation policy.

Standard Small-Business Compensation Policy
COMPENSATION POLICY
[Company Name]
Effective date: _ Policy owner: __

1. PURPOSE AND SCOPE

This policy explains how [Company Name] sets and manages employee pay. It covers
all [full-time and part-time] employees. It does not create a contract and does
not change the at-will nature of employment. [Company Name] may modify this
policy at any time.

2. COMPENSATION PHILOSOPHY

[Company Name] aims to [match] the market for comparable roles in our industry
and region. [Pick one: lead the market (pay above market to attract top talent),
match the market (pay at the market median), or lag the market (pay below market,
often offset by equity, flexibility, or growth).]
We pay for the role and the results, and we apply this policy consistently.

3. PAY STRUCTURE

Each role is assigned to a pay range with a minimum, midpoint, and maximum,
based on market data for similar roles. New hires are typically brought in
between the minimum and the midpoint, depending on experience.
[Sample structure. Adjust the bands to your business.]
Level Minimum Midpoint Maximum
Entry $[ ] $[ ] $[ ]
Experienced $[ ] $[ ] $[ ]
Senior $[ ] $[ ] $[ ]
Lead $[ ] $[ ] $[ ]

4. PAY REVIEWS

Pay is reviewed [annually]. Increases are based on performance, changes in
responsibilities, and market movement. A review does not guarantee an increase.

5. VARIABLE PAY

[Describe any bonuses, commissions, or profit-sharing, and who is eligible. Note
whether a bonus is discretionary or promised in advance, since that affects
overtime pay for hourly employees.]

6. LEGAL COMPLIANCE

[Company Name] complies with the Fair Labor Standards Act (minimum wage,
overtime, and exempt classification), the Equal Pay Act, and applicable state
pay-transparency and salary-history laws. We do not discriminate in pay.

7. ACKNOWLEDGMENT

I have read and understood this Compensation Policy.
Employee signature: __ Date: _

DISCLAIMER: This is a sample template for general information only and is not
legal advice. Pay is governed by federal and state law; have a qualified
employment attorney review before adopting.

Template 2: Hourly / Non-Exempt Compensation Policy

For a mostly hourly workforce. Adds overtime rules, shift differentials, timekeeping, and a tip section, the pieces an hourly-heavy business needs and generic policies skip.

Hourly / Non-Exempt Compensation Policy (Retail, Restaurant)
COMPENSATION POLICY (HOURLY / NON-EXEMPT)
[Company Name]
Effective date: _
For businesses with a mostly hourly, non-exempt workforce, where overtime and
shift timing matter.

1. PAY STRUCTURE

Hourly employees are paid an hourly wage based on role and experience, at or
above the applicable [federal / state / local] minimum wage, whichever is
highest.
Role Starting rate Range
[Crew / Cashier] $[ ]/hr $[ ] to $[ ]/hr
[Shift Lead] $[ ]/hr $[ ] to $[ ]/hr
[Assistant Mgr] $[ ]/hr $[ ] to $[ ]/hr

2. OVERTIME

Non-exempt employees are paid overtime at one-and-a-half times their regular
rate for all hours worked over 40 in a workweek, as required by the Fair Labor
Standards Act. [Note any state daily-overtime rules that apply, such as
California's over-8-hours-per-day rule.]
Overtime must be [approved in advance / recorded accurately] but is always paid
when worked.

3. SHIFT DIFFERENTIALS

[If you pay extra for certain shifts, describe it here. Example: employees who
work [night / weekend / holiday] shifts receive an additional $[ ] per hour.
Shift differential is included in the regular rate when calculating overtime.]

4. TIMEKEEPING

All non-exempt employees must record their actual hours worked, including start
and end times and meal breaks. Accurate time records are required by law and are
the basis for pay.

5. TIPS (IF APPLICABLE)

[If tipped employees are covered, describe the tip policy and how any tip credit
is applied. Confirm your state's tip-credit and minimum-wage rules, since many
states do not allow a tip credit.]

6. ACKNOWLEDGMENT

I have read and understood this Compensation Policy.
Employee signature: __ Date: _

DISCLAIMER: This is a sample template for general information only and is not
legal advice. Overtime, minimum wage, and tip rules vary by state; have a
qualified employment attorney review before adopting.
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Template 3: Salaried / Exempt Compensation Policy

For salaried roles, with the exempt-versus-non-exempt classification language most templates ignore, including the three-part FLSA test and the salary-basis rules.

Salaried / Exempt Compensation Policy (with FLSA Classification)
COMPENSATION POLICY (SALARIED / EXEMPT)
[Company Name]
Effective date: _
For salaried roles, with the FLSA exempt-classification language most templates
leave out.

1. SALARY STRUCTURE

Salaried employees are paid a fixed annual salary, divided across [26 biweekly /
24 semimonthly] pay periods. Each role is assigned a salary range with a
minimum, midpoint, and maximum.

2. EXEMPT VS NON-EXEMPT CLASSIFICATION

[Company Name] classifies each role as exempt or non-exempt under the Fair Labor
Standards Act. A salaried role is exempt from overtime only if it meets all
three tests:
Salary basis: paid a fixed salary not reduced for variations in work quality
or quantity.
Salary level: paid at least the federal threshold of $684 per week ($35,568
per year). [Several states set a higher threshold; apply the higher of the
two.]
Duties: primary duties are genuinely executive, administrative, or
professional, as defined by the FLSA.
A high salary alone does not make a role exempt. If a role does not meet all
three tests, it is non-exempt and earns overtime.

3. SALARY-BASIS RULES

Exempt employees receive their full salary for any week in which they perform
work, subject to the limited deductions the FLSA permits. We do not make
improper deductions from exempt salaries.

4. PAY REVIEWS AND MERIT INCREASES

Salaries are reviewed [annually]. Merit increases are tied to performance and
market movement. Promotions may include a salary adjustment to the new role's
range.

5. ACKNOWLEDGMENT

I have read and understood this Compensation Policy.
Employee signature: __ Date: _

DISCLAIMER: This is a sample template for general information only and is not
legal advice. FLSA classification is fact-specific and state thresholds differ;
have a qualified employment attorney review classifications before adopting.
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Template 4: Startup Compensation Policy with Equity

For a company that pays with cash plus equity. Covers base-salary positioning, an equity framework with vesting, and how total compensation is the sum of cash, equity, and benefits.

Startup Compensation Policy (with Equity)
COMPENSATION POLICY (STARTUP WITH EQUITY)
[Company Name]
Effective date: _
For an early-stage company that combines cash compensation with equity.

1. PHILOSOPHY

[Company Name] targets [market-median] cash compensation and offers equity to
give employees a stake in the company's growth. Total compensation is the
combination of cash, equity, and benefits.

2. BASE SALARY

Base salaries are set against market data for comparable early-stage companies
and roles. We aim to pay competitive cash while preserving runway.

3. EQUITY

Eligible employees receive equity in the form of [stock options / RSUs].
Eligibility: [which roles or levels receive equity]
Vesting: [standard four-year vesting with a one-year cliff, or your schedule]
Grant size: [tied to level and role; describe your framework or ranges]
Equity is granted at the discretion of [the board / founders] and is subject to
the terms of the equity plan and each grant agreement.

4. VARIABLE PAY

[Describe any bonuses or milestone-based pay, if offered. Many early-stage
companies keep cash variable pay minimal and lead with equity.]

5. REVIEWS AND REFRESHES

Cash and equity are reviewed [annually]. Additional equity refresh grants may be
made based on performance, tenure, and role.

6. COMPLIANCE AND ACKNOWLEDGMENT

[Company Name] complies with the FLSA, the Equal Pay Act, and applicable state
pay-transparency laws. Equity awards follow the equity plan and applicable
securities and tax rules.
I have read and understood this Compensation Policy.
Employee signature: __ Date: _

DISCLAIMER: This is a sample template for general information only and is not
legal advice. Equity compensation carries securities and tax implications; have
a qualified attorney and tax advisor review before adopting.

FLSA and Pay-Transparency Compliance

The compliance layer is where a compensation policy earns its keep, because this is where the expensive mistakes happen. Four points cover most of the legal risk a small business faces on pay.

The FLSA exempt test is three parts, and salary alone is not enough
The most common compensation mistake a small business makes is assuming that paying someone a salary makes them exempt from overtime. It does not. Under the Fair Labor Standards Act, a role is exempt from overtime only if it passes all three tests: the salary-basis test, a paid, fixed salary; the salary-level test, at least the federal threshold; and the duties test, primary duties that are genuinely executive, administrative, or professional. As of the Department of Labor's May 14, 2026 technical amendment restoring the 2019 rule, that salary threshold is $684 per week, or $35,568 per year, with a $107,432 threshold for highly compensated employees. A salaried office worker earning above the threshold who does routine, non-managerial work can still be non-exempt and owed overtime. Classify by all three tests, not by salary alone, and apply the higher figure where your state sets one. This is general information, not legal advice.
Pay transparency and salary-history rules are spreading
A growing number of states now require employers to disclose salary ranges in job postings, and a separate wave of laws bans asking candidates about their pay history. The exact count varies by source and definition, but the direction is clear and the momentum is recent. California's SB 642, effective January 1, 2026, redefined a pay scale as a good-faith estimate of the range the employer expects to pay and extended the window for willful violations from three to six years. Vermont's law, effective July 1, 2025, applies to employers with as few as five employees, one of the lowest thresholds in the country. Virginia's law took effect July 1, 2026, and Maine's job-posting disclosure follows on July 29, 2026. A compensation policy built today should assume salary ranges will be shared and write pay bands accordingly. Confirm the current rules for each state where you hire. This is general information, not legal advice.
Equal pay is a legal floor, not just a value
Beyond the philosophy statement, pay equity is a legal requirement. The federal Equal Pay Act requires equal pay for equal work regardless of sex, and Title VII and state laws extend protection to other protected characteristics. In practice this means two people doing substantially the same job, requiring the same skill, effort, and responsibility under similar conditions, should be paid the same absent a legitimate, documented reason such as seniority, merit, or a measurable difference in output. A written pay structure with defined bands is one of the best defenses here, because it shows pay decisions follow a system rather than ad hoc judgment. Consider a periodic pay-equity review to catch unexplained gaps before they become a claim. Build the equal-pay commitment into the policy and back it with a real structure. This is general information, not legal advice.
A bonus can quietly raise your overtime bill
One technical trap catches small businesses with hourly staff: the difference between a discretionary and a non-discretionary bonus. A discretionary bonus, one you decide on after the fact with no promise in advance, generally does not affect overtime. A non-discretionary bonus, one employees expect because you announced it or tied it to a goal, must be folded into the regular rate used to calculate overtime for non-exempt employees, which raises what you owe for overtime hours in the bonus period. Many owners promise a production or attendance bonus without realizing it changes the overtime math. If you offer bonuses to hourly staff, decide deliberately whether each is discretionary or not, describe it that way in the policy, and calculate overtime accordingly. This is general information, not legal advice.
The FLSA Exempt Threshold, Restored
As of a Department of Labor technical amendment on May 14, 2026, the salary threshold for the executive, administrative, and professional exemptions is $684 per week ($35,568 per year), with a $107,432 highly-compensated-employee threshold. This restored the 2019 rule after the 2024 increase was vacated in court. Several states set a higher threshold; apply the higher figure. The EEOC enforces the Equal Pay Act alongside these wage rules. For the classification detail, see the exempt versus non-exempt guide. This is general information, not legal advice.

The recurring theme is that pay is heavily regulated even for a small employer, and the Department of Labor enforces the overtime rules, and a written policy with defined bands and correct classifications is your best defense. When in doubt on classification or a state rule, get it reviewed before you set the number.

What Compensation Actually Costs

A compensation policy should think in total compensation, not just salary, because benefits and required contributions add substantially to base pay. Knowing the real cost helps you budget bands you can sustain.

ComponentShare of total costPer hour worked
Wages and salaries69.9 percent$32.60
Benefits and required contributions30.1 percent$14.01
Total compensation100 percent$46.60

These are the average private-industry employer costs reported by the Bureau of Labor Statistics for March 2026. Benefits, including paid leave, insurance, retirement, and legally required contributions like Social Security and Medicare, add roughly 30 percent on top of wages. For a small business, that is why a band that looks affordable as a salary can strain the budget as a fully loaded cost, and why the policy should frame pay as total compensation.

Budget the Loaded Cost, Not Just the Salary
When you set a salary band, remember that the real cost to the business is roughly a third higher than the salary once benefits and required contributions are added. A role you budget at a given salary actually costs meaningfully more per hour. Building bands against fully loaded cost, and understanding the payroll deductions involved, keeps your compensation policy financially sustainable. This is general information, not legal advice.

Compensation Policy Without an HR Team

A large company runs compensation through an HR team, a compensation committee, and survey subscriptions that price every role precisely. A small business has an owner or a manager making pay calls directly, often while hiring for the first roles, and feels the risk of getting classification or equity wrong more sharply. The policy itself is the same at any size; a small business just needs a lean version, written for the person who signs the checks rather than a comp committee.

You Do Not Need a Comp Committee to Do This Well
A small team can run compensation well with three things: a stated philosophy, a simple set of bands benchmarked to market data, and correct FLSA classifications. You do not need enterprise survey subscriptions to start; public salary data for your industry and region is enough to set sensible bands. What you cannot skip is the classification and the equal-pay discipline, because those are where a small business actually gets exposed. Start lean, but get those two right. This is general information, not legal advice.

The single most valuable habit for a small business is writing the philosophy down and applying the bands consistently. Consistency is both the fairness story your employees see and the legal defense you rely on if a pay decision is ever challenged.

Adopt, Sign, and Review

A compensation policy delivers value when it is adopted, signed, applied on a cadence, and kept current as the market and law move. That means filling the template, e-signing it on hire, reviewing pay on a schedule, and refreshing bands and thresholds over time.

Pick and fill
Choose the variation that fits, set your philosophy, define your bands against market data, and classify each role under the FLSA.
E-sign on hire
Have each employee read and e-sign the compensation policy during onboarding, so the acknowledgment is on file from day one.
Review on a cadence
Run pay reviews on a set schedule, apply increases by a consistent rule, and check for unexplained pay gaps as you go.
Store and update
Keep the signed policy and each employee's pay record on file, and refresh bands and the FLSA threshold as the market and law change.

The templates above work on their own. To run the policy without a spreadsheet sprawl, FirstHR captures the acknowledgment with e-signature during onboarding, the same flow it uses for the employee handbook, stores each employee's pay record and the signed policy against their profile, and keeps compensation information access-controlled. FirstHR is an onboarding and HR platform, not a payroll provider or a law firm: it does not run payroll, calculate overtime, benchmark salaries, or decide FLSA classifications, so pair it with your payroll provider and a qualified professional for those calls. Applicant tracking is coming soon to FirstHR.

Key Takeaways
A compensation policy sets your pay philosophy, salary bands, base and variable pay, equity, pay equity, and legal compliance, with a signed acknowledgment.
Pick a philosophy first: lead, match, or lag the market; matching the median is the common default for a small business.
A salaried role is exempt from overtime only if it passes all three FLSA tests above the $684-per-week threshold, restored in 2026; salary alone is not enough.
Pay-transparency and salary-history laws are spreading; build salary bands assuming ranges will be disclosed, and check each state where you hire.
Benefits add roughly 30 percent on top of wages, so budget bands against fully loaded cost, not salary alone.
A small business can run compensation well with a philosophy, simple bands, and correct classification; consistency is the defense. This is general information, not legal advice.

Frequently Asked Questions

What is a compensation policy?

A compensation policy is a written document that explains how a company sets and manages employee pay. It typically covers the company's compensation philosophy, its pay structure of levels and salary bands, how base pay is set, variable pay such as bonuses and commissions, any equity, pay reviews and merit increases, pay equity, and legal compliance, ending with an employee acknowledgment. It is an employer-side document, usually part of the employee handbook, written by HR or, in a small business, the owner or a manager. Its value is consistency and defensibility: with a written policy, pay decisions follow a system that can be applied the same way to everyone and explained if questioned, rather than being made case by case. A compensation policy is related to but broader than a single salary or bonus policy, since it sets the overall framework those pieces fit into. This is general information, not legal advice.

What should a compensation policy include?

A complete compensation policy includes purpose and scope, a compensation philosophy stating whether you aim to lead, match, or lag the market, a pay structure of levels and salary bands, how base pay is set within those bands, variable pay such as bonuses or commissions, any equity, a benefits overview or pointer to a benefits policy, pay reviews and merit increases, a pay-equity and non-discrimination commitment, legal compliance covering the FLSA and state pay laws, governance for exceptions, and an acknowledgment signature block. For a small business, not every section needs to be elaborate; a lean philosophy, a few bands, and clear compliance language cover most of it. The sections owners most often skip, and most need, are the FLSA exempt classification and the pay-transparency compliance language, which is where legal risk concentrates. This is general information, not legal advice.

What is a compensation philosophy: lead, match, or lag?

A compensation philosophy is the core strategic choice at the heart of a compensation policy: where you position your pay relative to the market. Leading the market means paying above the market median to attract and keep top talent, the most expensive stance, used when talent quality is your main competitive lever. Matching the market means paying at the median for comparable roles in your industry and region, the most common and balanced choice, competitive without overspending. Lagging the market means paying below the median, usually offset by equity, flexibility, growth, or mission, which preserves cash but requires a real non-cash story to retain people, common at early-stage startups and nonprofits. Most small businesses match the market as a default and adjust for specific hard-to-fill roles. Stating your philosophy explicitly makes every downstream pay decision easier to explain. This is general information, not legal advice.

How does a compensation policy handle hourly versus salaried employees?

It should handle them differently, because the law does. Hourly, non-exempt employees must be paid at least minimum wage and overtime at one-and-a-half times their regular rate for hours over 40 in a week, so their part of the policy covers hourly rates, overtime, shift differentials, and accurate timekeeping. Salaried, exempt employees are not owed overtime, but only if they genuinely meet the FLSA exempt tests, so their part of the policy covers salary bands, the exempt classification, and the salary-basis rules that limit deductions. The mistake many small businesses make is treating all salaried people as automatically exempt; a salaried role is exempt only if it passes the salary-basis, salary-level, and duties tests. The hourly and salaried templates on this page separate these cleanly. This is general information, not legal advice.

What is the FLSA salary threshold for exempt employees?

As of the U.S. Department of Labor's May 14, 2026 technical amendment restoring the 2019 rule, an employee must be paid at least $684 per week, which is $35,568 per year, to qualify for the executive, administrative, or professional exemption from overtime, with a separate total-compensation threshold of $107,432 for highly compensated employees. This restored the 2019 figure after the DOL's 2024 rule, which would have raised the threshold to $1,128 per week, was vacated by a federal court in Texas in November 2024, with the appeals formally dismissed in May 2026. Important caveat: meeting the salary threshold is necessary but not sufficient. The role must also pass the duties test, and several states set a higher salary threshold than the federal figure, in which case the higher one applies. Always classify by all three tests and apply the higher of the federal or state threshold. This is general information, not legal advice.

Do I have to disclose salary ranges?

It depends on your state, and the number of states requiring it is growing. A number of states now have pay-transparency laws that require employers to include a salary range in job postings, and a separate set of laws bans asking candidates about their salary history. Recent examples include California's SB 642, effective January 1, 2026, which defines a pay scale as a good-faith estimate of the range you expect to pay; Vermont's law, effective July 1, 2025, covering employers with as few as five employees; Virginia's law effective July 1, 2026; and Maine's job-posting requirement effective July 29, 2026. Because the exact requirements and thresholds vary by state and change often, confirm the current rule for each state where you hire before finalizing your approach. Even where it is not required, many employers now share ranges to stay competitive, so building bands with disclosure in mind is prudent. This is general information, not legal advice.

What is the difference between a discretionary and non-discretionary bonus?

The difference matters for overtime. A discretionary bonus is one the employer decides on after the fact, with no promise or expectation set in advance, such as a surprise year-end thank-you; it generally does not affect the overtime calculation. A non-discretionary bonus is one employees expect because it was announced or tied to a goal, such as a production, attendance, or safety bonus; for non-exempt employees, it must be included in the regular rate used to calculate overtime, which increases what you owe for overtime hours worked during the bonus period. Many small-business owners create a non-discretionary bonus without realizing it, then miscalculate overtime. The practical rule: if you promise a bonus in advance or tie it to metrics, treat it as non-discretionary and fold it into overtime for hourly staff. Describe each bonus type clearly in the policy. This is general information, not legal advice.

How much does employee compensation cost beyond salary?

More than many owners expect, because benefits and legally required contributions add substantially to base pay. According to the U.S. Bureau of Labor Statistics, for private industry workers in March 2026, wages and salaries averaged about 69.9 percent of total employer compensation cost while benefits made up the remaining 30.1 percent, or about $14.01 of every $46.60 per hour worked. In other words, benefits and required contributions add roughly 30 percent on top of wages for the average private employer. That includes paid leave, insurance, retirement contributions, and legally required benefits like Social Security, Medicare, and unemployment insurance. For a small business, this is why a compensation policy should think in terms of total compensation, cash plus benefits plus any equity, rather than base salary alone, both when budgeting and when communicating pay to employees. This is general information, not legal advice.

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