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- Severance pay is considered wages for unemployment insurance purposes1. However, there is no specific code section in the California Unemployment Insurance Code which declares that severance pay is not wages2. Severance pay is only required to be paid when you and your employer agree on the terms in a severance agreement3. Severance pay is part of your normal wages and is subject to normal withholding4. The Fair Labor Standards Act (FLSA) does not require you to provide severance pay, but your state’s laws might require it in some situations5.Learn more:✕This summary was generated using AI based on multiple online sources. To view the original source information, use the "Learn more" links.Wages include salaries, commissions, bonuses, severance pay, and any other special payments received because of employment.www.ssa.gov/OP_Home/handbook/handbook.26/h…Severance pay is not wages for unemployment insurance purposes. There is no specific code section in the California Unemployment Insurance Code which declares that severance pay is not wages. We cite Section 1265 when we state that severance pay is not wages.edd.ca.gov/en/uibdg/total_and_partial_unemploym…The key difference between earned wages and severance pay is the source of the obligation: earned wages are required to be paid because they are wages (it’s the law), whereas severance pay is only required to be paid when you and your employer agree on the terms in a severance agreement.mosheslaw.com/termination-earned-wages-severa…As part of your normal wages. That means all the normal withholding (such as federal income tax based on your completed W-4, state income tax, Social Security and Medicare taxes) that applied to your paycheck, will also apply to your severance payment. Apart from your normal wages.www.hrblock.com/tax-center/income/wages/is-seve…
Severance pay is compensation you can give an employee when they lose their job. While the Fair Labor Standards Act ( FLSA) provides rules for employee wages, it does not require you to provide severance pay. Your state’s laws might require severance pay in some situations, such as for large layoffs and business closures.
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