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If you decide to offer compensation beyond employees' agreed-upon salary or wages, it's important to understand the tax implications and regulations of doing so.
Business owners must create compensation plans that foster highly motivated employees who are deeply invested in the company’s goals and success. There are numerous ways to boost employee happiness and engagement. But, offering discretionary bonuses is a popular and effective method of motivating your team and acknowledging exceptional performance. We’ll explain more about discretionary bonuses and share essential best practices for implementing them effectively and legally.
A discretionary bonus is a form of additional compensation an employer independently decides to give to an employee without the employee expecting it; it’s beyond the scope of the employment contract. While a discretionary bonus is considered part of an employee’s compensation, it’s typically not attached to a specific goal or expectation. Similarly, no predefined dollar amount or timeline is communicated to the employee before the bonus is awarded.
Discretionary bonuses are often unplanned or awarded based on subjective judgment. There should be no connection between the bonus and a prior promise, contract, or agreement with the employee.
Rachel Richey emphasized that discretionary bonuses are a powerful tool for recognizing employee contributions and creating a strong company culture. “When used thoughtfully, they not only motivate employees but also reinforce behaviors aligned with organizational goals,” Richey, director of human resources at Off Duty Services, explained. “These bonuses can demonstrate an organization’s commitment to valuing its people, ultimately driving engagement, retention and overall effectiveness.”
Unlike discretionary bonuses, nondiscretionary bonuses are contingent upon the employee meeting specific qualifications. The employer sets the criteria in advance and informs the employee of the requirements they must fulfill to receive the bonus.
Examples of nondiscretionary bonuses include hiring bonuses and bonuses for meeting employee performance goals. An incentive pay plan is another type of nondiscretionary bonus; it sees an employee qualify for the bonus by meeting established performance or productivity targets.
The Fair Labor Standards Act defines which employees are eligible for overtime pay. Offering employees bonuses can retroactively increase their regular compensation, which may require the employer to pay additional overtime. The rules for overtime pay depend on an employee’s classification:
Let’s say an employer gives a nondiscretionary bonus to a nonexempt employee and it increases the employee’s hourly rate. In this case, the employer must factor the nondiscretionary bonus into calculating the employee’s blended overtime pay for the time during which the bonus applies. A bonus is nondiscretionary if the employer sets any benchmarks an employee must hit before paying out the bonus — even if the employer decides the bonus amount afterward.
Employers may award an employee a discretionary bonus for various reasons, including the following:
Referral, retention and holiday bonuses are among the most popular types. Here’s more information about each.
Employers sometimes award referral bonuses to current team members for recruiting new employees. A referral bonus is discretionary if the following criteria are met:
Employers sometimes award retention bonuses to employees under very specific circumstances. Such instances can include a merger, acquisition or the need to complete a critical project. These bonuses are designed to provide continuity during periods of uncertainty regarding an employee’s ongoing employment. A retention bonus encourages employees to stay with the company until a specified date to ensure continued involvement in organizational priorities.
Employers may award employee holiday bonuses at the end of the year during annual events or other special occasions. The bonus may be given as cash or a gift, depending on the employer’s usual practices and preferences.
However, if a holiday bonus becomes a standard and expected practice, it can be viewed as nondiscretionary and become contractual. A holiday bonus is nondiscretionary if it is:
When creating a discretionary bonus plan, you’ll need to: decide how to fund it, calculate your bonuses and ensure several best practices for legal compliance.
Bonuses require budget planning. The employer should budget for the total amount of discretionary bonuses that can be awarded in any given period. This can involve creating a funding pool and determining the range of amounts that can be allocated to employees after a specific performance period.
Employers can give a set amount for a discretionary bonus based on how much funding is available. They can also calculate discretionary bonuses using different formulas:
When creating a discretionary bonus plan, ensure it is:
Nathan Richardson, founder of CashForHome.com, emphasized the importance of combining bonuses with relevant feedback. “During the mere reward giving, we cannot forget the personal note or voice message telling us the bonus’s motivation,” Richardson noted. “This demonstrates to employees that their work has not gone unnoticed and that it is highly appreciated.”
With your discretionary bonus plan in place, follow these steps to implement it.
If your employees are unaware of your bonus plan, it can’t motivate them. You can inform them in multiple ways, including via a company-wide email, an in-person employee meeting, or by including it in your employee newsletter or on your internal website. The communication should let employees know the details of how the bonuses will work, including how they can qualify to receive one. For example, by referring a new employee, doing outstanding work or performing the best work in their department in a specific month.
By adding information about the discretionary bonus plan to your employee handbook, you accomplish two goals: You inform new hires about the bonus program and officially include it in your employee policy documents. If employees forget the details of the bonus program, they can always refer to the employee handbook for clarification.
Since managers will decide who receives discretionary bonuses — or at least give their input — they must thoroughly understand the bonus criteria. Train managers on the requirements for awarding bonuses and clarify whether there’s room for their personal judgment in the decision-making process. Some bonuses, such as referral bonuses, are straightforward, while others, such as those for outstanding work, are more subjective.
Discretionary bonuses don’t have automatic triggers. So, leadership team members must review employees to evaluate who qualifies and who should receive them. These reviews should take place regularly, such as quarterly or monthly.
In any given review period, you may have more than one employee who meets the bonus criteria. If the bonus amount is relatively small, you may decide to award it to all employees who qualify. However, if it is more significant or based on a set period, you must carefully choose the recipient.
Daniel Space, senior HR business partner director and HR content creator at DanFromHR, stressed the need for fairness and caution when awarding discretionary bonuses. “The moment you offer a discretionary bonus, you set a precedent,” Space warned. “So, if another employee does something in equal measure, impact, scope, or delivery, and the bonus is not given or is of a different amount, it becomes a controversy if added nuances like gender, sex, nationality or other statuses are taken into account.”
To remove the perception of bias, Space suggested applying such bonuses as part of a reward program. “For example, either employees or managers can submit quarterly or monthly nominations and have a team made up of employees/managers/HR to review the nominations and determine which of the nominations is most deserving,” Space explained. “This doesn’t fully remove bias, but it does allow for an element of rigor and consistency in the approach.”
Jennifer Dublino contributed to this article.