PolicyBrief
H.R. 405
119th CongressJan 15th 2025
Keep Every Extra Penny Act of 2025
IN COMMITTEE

The Keep Every Extra Penny Act of 2025 amends the Internal Revenue Code to exempt federal overtime compensation from gross income, effectively eliminating federal income tax on overtime pay.

Russ Fulcher
R

Russ Fulcher

Representative

ID-1

LEGISLATION

Keep Every Extra Penny Act of 2025: Federal Income Tax on Overtime Pay to Be Eliminated

The Keep Every Extra Penny Act of 2025 is a straightforward piece of legislation with a massive potential impact on your paycheck. It proposes adding Section 139J to the Internal Revenue Code, which would officially exclude overtime pay from your 'gross income.' In plain English: if you work more than 40 hours a week and get paid time-and-a-half under the Fair Labor Standards Act (FLSA), the federal government would no longer take a cut of those extra earnings. This change would apply to any overtime pay received immediately after the bill is signed into law.

More Cash for the Extra Grind

Under current law, when you pick up an extra shift, that overtime pay is taxed just like your regular wages—and sometimes it can even push you into a higher tax bracket, making that extra work feel a lot less rewarding. This bill changes the math. For example, if you’re a nurse, a construction worker, or a retail manager putting in 50 hours during a holiday rush, those 10 hours of overtime would be yours to keep in full. By removing federal income tax from the equation, the bill effectively gives every hourly worker a raise for their extra effort without requiring employers to increase their hourly rates.

The Trade-Off at the Top

While this is a win for anyone with a side hustle or a demanding shift schedule, it does create a gap in the federal budget. Because the government would stop collecting taxes on billions of dollars in overtime wages, there will be a significant drop in federal tax revenue. The bill doesn't specify how to make up for that lost cash, which could mean less funding for federal programs down the road or a need to find revenue elsewhere. However, the immediate effect for a family trying to keep up with rising grocery bills or a worker saving for a down payment is more disposable income in their pocket right now.

Keeping the Books Straight

Implementation should be relatively simple for most people since it relies on the existing definitions of overtime in the FLSA. However, the real work falls on payroll departments and software developers who will need to quickly update their systems to ensure that 'regular' pay and 'overtime' pay are separated for tax withholding. For the average worker, the main challenge will be ensuring your employer accurately tracks those hours so you get the full tax-free benefit you're entitled to under the new rules. It’s a rare, high-definition bill that does exactly what the title says: lets you keep the extra pennies you earn from the extra hours you work.