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Arthur Rubin
Arthur Rubin, Tax Preparer
Category: Tax
Satisfied Customers: 1561
Experience:  22 years of tax preparation experience, including individual, trust, and estate returns.
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I am a registered nurse in home care! My employer wants me

Customer Question

I am a registered nurse in home care! My employer wants me to be salaried at 45 hours per week at $1.00 per hour more than I'm at right now! But, any extra hours I can do, say 5-10 a week they want to put on a seperate check and classify it as a "bonus"! Is this even legal? It should really be overtime if I allowed it but I wouldn't get the overtime pay! It's also not a qtrly bonus! It's wages I earned! And is this bonus taxed differently than a regular wage?
Submitted: 1 year ago.
Category: Tax
Expert:  Arthur Rubin replied 1 year ago.

I am not a labor law expert; whether this is legal requires a different expert.

However, for Federal and (most) state tax purposes, "bonuses: are taxed as wages. The employer may have a fixed withholding rate (28% Federal, 6% California), but also has the option of accumulating payments into the pay period and recalculating the correct withholding on the total payment.