PolicyBrief
S. 4310
119th CongressApr 15th 2026
No Tax on Overtime for All Workers Act
IN COMMITTEE

This act creates a federal tax deduction for all workers' qualified overtime compensation, including legally required and pre-agreed upon overtime pay.

Jim Justice
R

Jim Justice

Senator

WV

LEGISLATION

New Bill Proposes Tax Break for Overtime Pay Starting 2025

Alright, listen up, because this one's pretty straightforward and could put a little more cash in your pocket if you're clocking extra hours. We're talking about the new “No Tax on Overtime for All Workers Act.” Basically, this bill is looking to create a brand-new tax deduction specifically for overtime pay. The idea is to reduce the tax bite on those extra earnings, and it’s set to kick in for tax years starting after December 31, 2024.

What's in the Overtime Deduction?

So, what exactly counts as 'qualified overtime compensation' under this proposed law? It's got two main flavors. First, there's the overtime you're legally required to get, like under the Fair Labor Standards Act (FLSA). Think of that time-and-a-half you get for working over 40 hours in a week. If the FLSA says you get it, this deduction would apply.

Then there's the 'agreed-upon overtime.' This covers situations where you and your boss agree beforehand that you'll get paid above your regular rate for extra work. There are a couple of conditions here: the agreement has to be made before you do the work, and the extra hours either need to exceed a standard work period (at least 40 hours in a 7-day stretch) or, if you're in the railway industry, it's work beyond your scheduled or anticipated on-duty hours. So, if you're a construction worker who agrees to an extra weekend shift at a higher rate, or an office worker who signs up for a project that requires 50-hour weeks, those extra earnings could see a tax break. This is all laid out in Section 2 of the bill, which amends the Internal Revenue Code.

Real-World Impact: More Take-Home Pay

For anyone regularly working overtime, this could mean a noticeable bump in your take-home pay. Imagine you're a nurse, often picking up extra shifts, or a mechanic who stays late to finish a job. Currently, that overtime pay gets taxed just like your regular income. This deduction aims to lessen that burden, effectively making those extra hours more financially rewarding. It's a direct way to put more money into the hands of folks who are already putting in the extra effort, whether that's to pay down debt, save for a big purchase, or just keep up with rising costs. The bill’s effective date means you’d start seeing this reflected when you file your taxes for the 2025 calendar year. It's a pretty clear win for anyone who relies on overtime to make ends meet or get ahead.