Common payroll mistakes and how to fix them

The payroll mistakes that cost small employers the most are calling an employee a contractor, paying a salaried worker under the $684-a-week exempt floor without overtime, depositing payroll tax on the wrong schedule, and missing a filing date (the next Form 941 is due November 2, 2026), according to IRS and Department of Labor rules checked October 16, 2026.

The other big source of errors is the handoff: switching payroll providers mid-year, or assuming the provider's tax guarantee covers you when its notice deadline has already passed. Below are the 12 mistakes we see most in IRS rules and buyer complaints, how to fix each one, and what the law requires when pay comes out wrong.

A payroll mistake is any error in paying employees or handling the taxes on their wages, such as wrong gross pay, wrong withholding, a late tax deposit, a missed filing or a misclassified worker, that leaves an employee underpaid or overpaid or leaves the employer owing tax, penalties or interest.

On this page

The 12 most common payroll mistakes

Payroll mistakes, what they cause and the fix
MistakeWhat it causesThe fix
1. Paying an employee as a 1099 contractorBack employment taxes; state unemployment and wage claimsApply the IRS control test and any state ABC test; move the worker to payroll
2. Treating a salaried worker under $684 a week as exemptUnpaid overtimeReclassify as non-exempt, track hours, pay the overtime owed
3. Depositing on the wrong scheduleLate deposit penalties and interestCheck your lookback period: $50,000 or less means monthly, more means semiweekly
4. Missing the $100,000 next-day ruleA late deposit, and semiweekly status for the rest of this year and nextDeposit by the next business day when $100,000 builds up on any day
5. Missing a Form 941 dateLate filing penaltyQ3 2026 is due November 2, 2026; Q4 is due February 1, 2027
6. Using the old $600 1099 thresholdExtra filings, or a wrong cutoff in your softwareFor 2026 payments, file 1099-NEC at $2,000 or more
7. Not stopping Social Security at the wage baseOver-withholding on high earnersStop the 6.2% at $184,500 in 2026 ($192,300 in 2027)
8. Withholding the wrong rate on bonusesUnder-withholdingUse 22% federal for supplemental wages (37% above $1 million) when withholding at the flat rate
9. Keeping an employee in the old state after a moveWages reported to the wrong stateRegister in the new state before the first payroll there
10. Missing the new hire reportState penalties for late reportingReport within 20 days, or 7 in Alabama and Maine, 10 in Georgia and Vermont
11. Paying less often than state law allowsWage claimsCalifornia needs at least two paydays a month; Massachusetts weekly or biweekly for hourly staff
12. A late final paycheckWaiting-time or wage claims under state lawCheck the state deadline before the last day (California: at discharge)

Sources: IRS Topic 757, Publication 15 (2026), 1099-NEC instructions, employment tax due dates; 29 CFR 541.600; 42 USC 653a and state new hire rules; state wage payment statutes. Checked October 16, 2026.

Several of these come from one root cause: a classification set once and never reviewed. Our guides to W2 vs 1099 workers and exempt vs non-exempt employees cover the tests.

How to fix a payroll mistake, step by step

  1. Stop the next payroll from repeating it. Fix the rate, deduction or setting first, then correct the past.
  2. Find every affected pay period. Pull the payroll register for the employee, or for everyone if the error was a company-wide setting such as a tax rate.
  3. If you underpaid, pay the difference now. Run an off-cycle payroll rather than waiting for the next payday. Under the FLSA, wages are due on the regular payday for the period worked.
  4. If you overpaid, check your state's rules before you deduct. States set different limits on taking money back from later paychecks, so get the employee's written agreement and check the state labor department's rules first.
  5. Correct withholding in the same year when you can. An error caught before year-end can usually be fixed on later paychecks so the W-2 comes out right.
  6. Amend what you already filed. A Form 941 for a closed quarter is corrected on Form 941-X; a W-2 already sent is corrected on Form W-2c. Fix the matching state wage report too.
  7. Tell the employee in writing. Say what was wrong, what you paid or will recover, and when.
  8. Keep the paper trail. Corrected registers, the notice to the employee and copies of amended returns.

Payroll mistakes and the law: what you owe when pay comes out wrong

Federal law sets a simple rule and leaves most of the detail to states. Under the FLSA, wages are due on the regular payday for the period worked. The Department of Labor says federal law does not require employers to hand a departing employee the final paycheck immediately, and it tells workers who have not been paid by the regular payday to contact its Wage and Hour Division or the state labor department.

State final pay deadlines are where an honest mistake turns into a claim. Examples from our state research:

Final paycheck deadlines in selected states
StateFiredQuit
CaliforniaImmediately at terminationAt quitting with 72+ hours' notice; within 72 hours without notice
MassachusettsIn full on the day of dischargeNext regular payday
ColoradoImmediately (with short windows if payroll is off-site)By the next regular payday
OregonEnd of the first business day after terminationImmediately with 48+ hours' notice
TexasWithin 6 calendar daysNext regular payday
New YorkBy the regular payday for the periodBy the regular payday for the period

Sources: Cal. Labor Code 201 and 202; M.G.L. c.149 s.148; Colorado wage rules; ORS 652.140; Tex. Labor Code 61.014; NY Labor Law 191(3); DOL "Last paycheck". Checked October 16, 2026.

Every state's rule is on its page in the payroll tax hub, and the full set of federal and state duties is in our payroll compliance checklist.

Tax deposit and filing mistakes

Deposit dates follow your deposit schedule, not your return due date, and that is where new employers slip. The IRS rules from Topic 757:

  • Your schedule comes from the lookback period. For 2026 it is July 1, 2024 to June 30, 2025. For 2027 it is July 1, 2025 to June 30, 2026, so check it before your first 2027 payroll.
  • Monthly depositors ($50,000 or less in the lookback period) deposit by the 15th of the next month.
  • Semiweekly depositors deposit Wednesday, Thursday and Friday paydays by the next Wednesday, and Saturday through Tuesday paydays by the next Friday.
  • Small quarters: under $2,500 of tax for the quarter can be paid with a timely Form 941 instead.
  • FUTA: deposit once the quarterly amount passes $500, by the last day of the month after the quarter ends.

Dates that land on a weekend or holiday move to the next business day. That is why Q3 2026 Form 941 is due November 2, 2026 (October 31 is a Saturday) and the 2026 W-2s, Form 940 and Q4 941 are due February 1, 2027. The full year-end list is in the payroll year-end checklist.

When the payroll company makes the mistake

The most common complaint we found about payroll providers is a tax filing error with the penalty left on the customer. Reviewers describe "thousands of dollars in penalties, interest, and fees" (Gusto, Trustpilot, October 2, 2026), a misfiled 941 after which "the IRS took over $31000.00" from an ERC refund (ADP, Trustpilot, October 5, 2026), and unfiled quarterly reports followed by a state lien notice (Paychex, ConsumerAffairs, October 31, 2025).

Whether you get reimbursed usually turns on a deadline in the provider's terms, not on who was at fault:

  • Gusto reimburses penalties from its failure to remit on time if you send it the agency notice at least 30 days before the response date.
  • QuickBooks Workforce Elite pays penalties and interest up to $25,000 a year if you email the full notice within 15 days of its date. Other QuickBooks plans have no guarantee we could find.
  • Wave pays if it is at fault, after you pay the penalty and send proof.
  • ADP RUN covers penalties from its errors, and interest only when it held your tax money past the due date.
  • OnPay covers penalties from its negligent errors; interest from its own errors is not addressed.

Open every IRS and state letter the day it arrives and forward it to the provider in writing. A notice that sits in a drawer for three weeks can turn a covered penalty into yours.

None of these promises cover the tax itself, or errors that start with data you entered. See how providers compare on this in our payroll software rankings.

Mistakes when you switch payroll providers mid-year

A switch is the riskiest week in a payroll year. One employer on Hacker News said a botched switch sent their unemployment insurance rate from 0.8% to 12.75% (August 17, 2026). A seasonal business owner said the new provider "does not file wage reports" in the quarter they had no payroll (August 27, 2026).

  • File zero-wage quarterly reports in quarters with no payroll, if your state requires them.
  • Load year-to-date wages into the new system so Social Security, FUTA and SUTA wage bases do not restart.
  • Hand over the state accounts: give the new provider your SUTA and withholding account numbers and any power of attorney it needs, and confirm the old one stops filing.
  • Download everything first. Wave says you lose access to payroll data at the end of the month you cancel. Gusto keeps read-only access but charges $100 federal, $100 per state and $5 per W-2 or 1099 if it files your final returns.

The cleanest switch date is January 1. The costs of each provider are in what payroll services cost.

How to prevent payroll mistakes

  1. Review each payroll before you approve it. Compare gross pay and hours to the last run and question any change over a few percent.
  2. Have a second person approve new hires, pay rate changes and off-cycle runs.
  3. Check federal deposits yourself. Enroll your EIN in EFTPS, the Treasury's payment system, and match deposits to your payroll registers each month.
  4. Log in to your state accounts each quarter and confirm the wage report and payment posted.
  5. Review classifications once a year: contractors against the IRS and state tests, salaried staff against the $684 floor and duties tests.
  6. Keep a calendar of deposit, 941, W-2 and new hire deadlines, with the weekend and holiday shifts already applied.

If you are still choosing how to run payroll, how to set up payroll walks through the setup that avoids most of the errors above, and in-house vs outsourced payroll compares who does the work.

Frequently asked questions

What are the most common payroll mistakes?
The most common are misclassifying employees as 1099 contractors, treating salaried workers paid under $684 a week as exempt from overtime, depositing payroll tax on the wrong schedule, missing Form 941 dates (the next is November 2, 2026), using the old $600 1099 threshold instead of $2,000 for 2026, and paying final wages later than state law allows (IRS and DOL rules, checked October 16, 2026).
How do I fix a payroll mistake on an employee's paycheck?
Fix the setting so it does not repeat, find every affected pay period, and pay any shortfall in an off-cycle payroll rather than waiting, since FLSA wages are due on the regular payday. Correct withholding on later paychecks in the same year where you can, file Form 941-X or Form W-2c for periods already reported, and explain the correction to the employee in writing.
What does the law say if my employer makes a payroll mistake?
Under the FLSA, wages are due on the regular payday for the period worked. If that payday passes without correct pay, the Department of Labor tells workers to contact its Wage and Hour Division or the state labor department. Federal law sets no deadline for a final paycheck, but states do: California requires it at discharge and Massachusetts on the day of discharge.
Who pays the penalty if my payroll company makes a tax mistake?
It depends on the provider's written terms. Gusto reimburses penalties from its late remittance if you send the notice at least 30 days before the response date; QuickBooks Workforce Elite covers penalties and interest up to $25,000 a year with notice within 15 days; ADP RUN covers penalties from its errors. None cover the tax itself or errors from data you entered (provider terms, checked October 16, 2026).
Can an employer take back an overpayment from a paycheck?
Federal law leaves most of this to the states, and state rules on deducting overpayments differ. Before you deduct, get the employee's written agreement and check your state labor department's rules. Never let a deduction push a non-exempt employee below the federal $7.25 or state minimum wage for the hours worked.
Why did my state unemployment rate jump after I switched payroll?
Usually because a quarterly wage report was missed or filed late during the switch. One employer on Hacker News reported a rate rise from 0.8% to 12.75% after a switch (August 2026). Check that every quarter, including zero-wage quarters where required, was filed under your account.
Sources (25)
  1. IRS: Topic 757, Forms 941 and 944: deposit requirements (checked Oct 16, 2026 (reviewed Oct 14, 2026))
  2. IRS: Employment tax due dates (checked Oct 16, 2026)
  3. IRS: Publication 15 (2026), Employer's Tax Guide (checked Oct 16, 2026)
  4. IRS: Instructions for Forms 1099-MISC and 1099-NEC (checked Oct 16, 2026)
  5. eCFR: 29 CFR 541.600, salary level (checked Oct 16, 2026)
  6. US Department of Labor: Last paycheck (checked Oct 16, 2026)
  7. California DIR, Labor Commissioner: Paydays, pay periods and final wages FAQ (checked Oct 16, 2026)
  8. Texas Workforce Commission: Final pay (checked Oct 16, 2026)
  9. Massachusetts Legislature: M.G.L. c.149 s.148 (checked Oct 16, 2026)
  10. Oregon Legislature: ORS chapter 652 (2025 edition) (checked Oct 16, 2026)
  11. New York State Senate: Labor Law 191 (checked Oct 16, 2026)
  12. Cornell LII (statute text): 42 USC 653a, new hire reporting (checked Oct 16, 2026)
  13. Social Security Administration: Contribution and benefit base (checked Oct 16, 2026)
  14. Gusto: Payroll terms (Section 11) (checked Oct 16, 2026)
  15. Gusto: Cancel your company's Gusto account (checked Oct 16, 2026)
  16. Intuit QuickBooks: Tax Penalty Protection (checked Oct 16, 2026)
  17. ADP: RUN terms of service (checked Oct 16, 2026 (effective Feb 12, 2026))
  18. OnPay: Terms of service (checked Oct 16, 2026)
  19. Wave: Tax payments and filings FAQ (checked Oct 16, 2026 (updated Jul 14, 2026))
  20. Wave: Cancel payroll (checked Oct 16, 2026)
  21. Trustpilot: Gusto reviews (read Oct 16, 2026)
  22. Trustpilot: ADP reviews (read Oct 16, 2026)
  23. ConsumerAffairs: Paychex reviews, page 3 (read Oct 16, 2026)
  24. Hacker News: Comment on SUTA rate after a payroll switch (Aug 17, 2026; read Oct 16, 2026)
  25. Hacker News: Comment on missing seasonal wage reports (Aug 27, 2026; read Oct 16, 2026)

This page is general information, not tax, legal or accounting advice. Rules and rates change, so check the official source linked above before you file or sign a contract. Read our disclaimer.