Reference · 2026

Employer payroll tax by state, 2026

A complete, sourced reference to what it costs to employ someone in every US state. For all 50 states and DC: the new-employer unemployment-insurance (SUI/SUTA) rate, the taxable wage base it applies to, any extra employer taxes, and the worker-classification rule that governs misclassification penalties. Free to cite under CC BY 4.0.

51
States + DC
2.07%
Avg new-employer SUI
SC 0.35%
Lowest rate
NY 4.1%
Highest rate
Employer payroll-tax rates and misclassification rules for all 50 states and DC, 2026
Extra employer taxesMisclassification rule
Alabama2.7%$8,000Common-law control test; standard penalties for unpaid UI/workers' comp taxes.
Alaska1%$51,700No state income tax; employees also pay a 0.5% SUI contribution.ABC test for UI; back UI taxes and workers' comp liability.
Arizona2%$8,000Common-law/economic reality test; penalties up to $1,000 per violation.
Arkansas2%$7,000ABC test for UI; back UI taxes, interest, and civil penalties.
California3.4%$7,000Employment Training Tax (ETT) 0.1% on first $7,000.AB5 strict ABC test; willful misclassification fines $5,000–$25,000 per violation.
Colorado1.7%$27,200FAMLI paid leave: employer pays 0.45% (10+ employees).Common-law test; back wages, taxes, and potential civil suit.
Connecticut2.2%$26,100PFML 0.5% employee-paid; employer administers.ABC test; up to $300/day penalty under CT wage statutes.
Delaware1%$12,5000.2% Operations & Technology supplemental tax on SUI wages.ABC test; back UI taxes, interest, civil penalties.
District of Columbia2.7%$9,000Paid Family Leave employer tax 0.75%; 0.2% admin assessment.ABC test; double back-pay damages under Wage Theft Prevention Act.
Florida2.7%$7,000No state income tax.Economic reality test; back wages + equal liquidated damages (F.S. 448.24).
Georgia2.7%$9,500ABC test for UI; back taxes and penalties apply.
Hawaii2.4%$62,000Temporary Disability Insurance + prepaid health care coverage required.ABC test; TDI and health-care coverage liability plus back taxes.
Idaho1%$55,300Common-law control test; back UI taxes and civil liability.
Illinois3.65%$13,9163.75% for NAICS 56/99.ABC test; Employee Classification Act (construction) $1,500–$2,500/day for willful violations.
Indiana2.5%$9,500ABC test; civil penalties up to $5,000 per misclassified worker.
Iowa1%$39,500Common-law/economic reality test; back UI contributions, interest, penalties.
Kansas2.7%$14,000ABC test; back UI taxes and wage-order violations.
Kentucky2.7%$11,700Common-law test; workers' comp misclassification $100–$1,000/day + stop-work orders.
Louisiana1.75%$7,700New employer rate is industry-average-based (~1.75% non-construction).ABC test; back UI taxes, interest, civil fines.
Maine2.54%$12,000ABC test; civil penalties up to $5,000/violation.
Maryland2.6%$8,500Out-of-state construction employers pay 3.3%.ABC test; Workplace Fraud Act (construction) $5,000 per worker first offense.
Massachusetts2.13%$15,000PFML employer share 0.42% (25+ employees).Strict ABC test; fines $5,000–$25,000 + 3x back wages + possible criminal charges.
Michigan2.7%$9,000Economic reality test; back UI taxes and Wage Act penalties.
Minnesota1%$43,000Industry-average-based; ~1% non-construction floor + 5% surcharge in 2025.Common-law test; penalties $10,000+ per worker for willful violations.
Mississippi1.2%$14,000Steps up: 1.0% yr1, 1.1% yr2, 1.2% yr3.Common-law/ABC test; back UI taxes; no dedicated statute.
Missouri2.38%$9,500Common-law test; back UI taxes and civil liability.
Montana1%$45,1001% most industries; 2.0% construction.Economic reality/ABC test; back UI taxes, interest, stop-work orders.
Nebraska1.25%$9,0001.25% non-construction; 5.4% construction.ABC test; back UI taxes and interest.
Nevada3%$41,800No state income tax.ABC test; NRS 616B workers' comp fines and back premium liability.
New Hampshire1.7%$14,000No state income or sales tax.ABC test; RSA 275-A penalties up to $2,500 per violation.
New Jersey2.8%$43,300Employer TDI contribution 0.10%–0.75%.Strict ABC test; tightening enforcement; civil penalties and back taxes.
New Mexico1%$33,200Greater of 1% or industry-average.ABC test; Worker Protection Act civil penalties.
New York4.1%$12,800MTA payroll tax (MCTMT) 0.34%–0.895% in NYC metro; DBL required.Common-law test; up to $2,500 per misclassified worker (Labor Law 861-d).
North Carolina1%$32,600Common-law test; Employee Fair Classification Act (2017) civil penalties.
North Dakota1.03%$45,100State-monopoly workers' comp (WSI); construction new employer 9.69%.Economic reality test; back premium + 50% penalty surcharge.
Ohio2.7%$9,000ABC test; back UI taxes, interest, civil penalties (ORC 4141.44).
Oklahoma1.5%$28,200Economic reality test; back UI taxes and civil liability.
Oregon2.4%$54,300Paid Leave Oregon employer 0.4% (25+); statewide transit tax 0.1%.ABC test; back UI taxes; BOLI civil penalties.
Pennsylvania3.82%$10,000Employee also pays 0.07% SUI.Construction Workplace Misclassification Act $1,000–$2,500 per violation.
Rhode Island1.21%$29,800Includes 0.21% Job Development Assessment.ABC test; back UI taxes, TDI liability, civil penalties.
South Carolina0.35%$14,000One of the lowest new-employer rates nationally (0.35%).Economic reality test; back UI taxes, interest, civil liability.
South Dakota1.2%$15,000No state income tax; 0.55% Investment Fee on top of SUI.Common-law test; back UI taxes and interest; no dedicated statute.
Tennessee2.7%$7,000No state income tax on wages.ABC test; back UI taxes; no separate penalty statute.
Texas2.7%$9,000No state income tax.Common-law/economic reality test; TWC audit back taxes and penalties.
Utah1%$48,900Industry-average-based; ~1% floor.ABC test; back UI taxes, interest, penalties.
Vermont1%$14,800ABC test; fines up to $10,000 per violation (21 V.S.A. §342).
Virginia2.5%$8,000Worker Misclassification Act (2020) $1,000 per worker; criminal for repeat.
Washington1%$72,800PFML employer ~0.262% (50+); WA Cares 0.58% employee-only.ABC test; back UI, PFML taxes, civil penalties.
West Virginia2.7%$9,500ABC test; back UI taxes and penalties; rising enforcement.
Wisconsin3.25%$14,000Common-law test; back UI taxes + 50% penalty on underpaid contributions.
Wyoming2.35%$32,400No state income tax; state-monopoly workers' comp (WSIF).Common-law test; back premium liability; no dedicated statute.

Federal constants: IRS Publication 15 (Circular E), 2026. State SUI rates and wage bases: each state's unemployment-insurance agency. Misclassification rules: state labor departments and statutes. Last reviewed 2026-06-01.

How to read this table

The SUI rate is the new-employer state unemployment insurance rate — the rate a business pays before it builds a claims history. The wage base caps the wages that rate applies to, so a high rate on a low base can cost less per worker than a low rate on a high base. Extra employer taxes are state programs charged on top of SUI, mostly paid family/medical leave and disability funds. The misclassification rule is the legal test a state uses to decide whether a worker is an employee or a contractor, plus the penalty for getting it wrong.

To model a specific salary against these rates, use the hiring cost calculator, open any state page for a pre-filled example, or read the misclassification penalty guide.

Reference FAQ

What is the average employer SUI rate in 2026?
Across all 50 states and DC, the average new-employer state unemployment insurance (SUI/SUTA) rate is 2.07%, applied to an average taxable wage base of about $22,573. New-employer rates range from 0.35% (South Carolina) to 4.1% (New York).
What federal payroll taxes do all US employers pay?
Every employer owes FICA — 6.2% Social Security on the first $176,100 of wages and 1.45% Medicare on all wages — plus 0.6% net FUTA on the first $7,000 per employee. State SUI is charged on top of these.
Which states have extra employer payroll taxes beyond SUI?
10 jurisdictions levy employer taxes beyond SUI — paid-leave and disability programs such as California's ETT, Colorado FAMLI, Massachusetts and Washington PFML, Oregon's Paid Leave and transit tax, DC Paid Family Leave, and New York's MCTMT. 9 states levy no income tax on wages, which raises take-home pay without changing the employer's payroll-tax bill.
Can I reuse this data?
Yes. The table is published under CC BY 4.0 — cite HiringMath with a link. New-employer rates and wage bases are reviewed annually; figures here are current for the tax year shown.

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