PolicyBrief
H.R. 8816
119th CongressMay 14th 2026
Tax Cut for Striking Workers Act of 2026
IN COMMITTEE

This act exempts qualified strike benefits from federal income tax and ensures these benefits do not negatively affect the Earned Income Tax Credit calculation.

Steven Horsford
D

Steven Horsford

Representative

NV-4

LEGISLATION

Tax Cut for Striking Workers Act of 2026: Strike Benefits Become Federal Tax-Free Income Starting 2027.

The Tax Cut for Striking Workers Act of 2026 aims to change how the IRS views the money workers receive when they walk off the job. Starting after December 31, 2026, any 'qualified strike benefits'—payments sent by a tax-exempt labor union to its members to help cover lost wages during a strike, lockout, or work stoppage—would be officially excluded from federal taxable income. This means if you’re on a picket line and your union cuts you a check to help keep your lights on, the federal government won't be taking a slice of that safety net come tax season.

Keeping the Safety Net Intact

Under the proposed Section 139M, these benefits are defined specifically as payments from 501(c)(5) organizations intended to replace income lost during labor disputes. This is a significant shift for anyone who has ever had to balance the necessity of a strike against the reality of a mortgage. For example, a nurse or a factory worker who receives $500 a week in strike pay currently has to treat that money as taxable income. Under this bill, that full $500 stays in their pocket, providing a more stable financial floor during periods of zero salary.

Protecting the Earned Income Tax Credit

One of the smartest technical moves in this bill is how it handles the Earned Income Tax Credit (EITC). Normally, when you lower your 'earned income' by excluding certain payments, you might accidentally disqualify yourself from tax credits designed for low-to-moderate-income earners. However, the bill specifically amends Section 32(c)(2)(B)(vi) to ensure these tax-free strike benefits don't count against your EITC calculation. It’s a safeguard that ensures a worker doesn't get a tax break on one hand only to lose a vital credit on the other.

Practical Impacts on the Picket Line

By removing the tax burden, the bill effectively increases the 'purchasing power' of strike funds. For a union member, this means their strike benefits go about 10% to 22% further, depending on their tax bracket. It also simplifies life for the unions themselves, as they won't have the same administrative headache regarding tax withholding for these specific payments. While this doesn't replace a full paycheck, it reduces the 'financial penalty' of exercising the right to strike, making it slightly easier for workers in any industry—from tech to trades—to hold out for better contract terms without the IRS looming over their temporary relief funds.