Millions of Americans could soon see bigger paychecks thanks to the new “no tax on overtime” policy. This unusual tax break focuses on extra hours worked, making waves for its potential to boost take-home pay after years of wage stagnation.
But the changes aren’t just exciting for employees. Employers are already adapting their overtime and payroll strategies now that the law is in effect.
Here’s what the law actually does, how much you could save, and what fine print to watch for.
What Is “No Tax on Overtime”?
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According to Congress.gov, H.R. 561, the Overtime Pay Tax Relief Act of 2025, was introduced on January 20, 2025, by Rep. Don Bacon. The bill proposes amending the Internal Revenue Code to allow workers to deduct certain overtime compensation through 2029, if enacted. It was referred to the House Ways and Means Committee and later folded into a larger tax package, President Trump’s OBBBA (One Big Beautiful Bill Act), which was signed in July 2025.
So how would the deduction work? Eligible workers could deduct overtime earnings up to 20% of their other wages from the same employer. The deduction is unavailable if adjusted gross income exceeds $100,000 for single filers, $150,000 for heads of household, or $200,000 for joint filers.
Who actually qualifies for overtime under current law? The U.S. Department of Labor explains that, under the FLSA (Fair Labor Standards Act), non-exempt employees must receive overtime pay for hours worked beyond 40 in a workweek, at no less than time-and-a-half of their regular rate of pay. A “workweek” is defined as a fixed, recurring 168-hour period, and employers cannot average hours across multiple weeks.
Exemptions, including executive, administrative, professional, certain computer employees, and outside sales roles, are determined by duties and salary tests, not job titles. These were the rules as first proposed, but once lawmakers merged the idea into OBBBA, the details began to shift.
How We Got Here: The Push for Tax-Free Overtime
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After H.R. 561 was introduced, the proposal quickly moved to committee review. On May 12 and 13, the House Committee on Ways & Means held markup sessions, and the Joint Committee on Taxation shared revenue documents outlining the overtime provision as part of a larger tax package.
By July 4, 2025, the OBBBA had been signed into law. It incorporated the overtime deduction originally found in H.R. 561 but swapped the 20% formula for fixed caps based on filing status. The final version also added income-based phase-outs and set the deduction to expire after 2028. As Kiplinger clarified, the measure is a deduction, not a full exemption from taxes on overtime.
On July 14, the IRS released a plain-language summary confirming that only the overtime premium portion of pay qualifies. The deduction has income limits and phase-outs and reflects the enacted law, not the original draft.
By August 7, the House Committee on Ways & Means called the new break a $1,400 average tax cut for hourly employees who work overtime, framing it as fuel for a manufacturing resurgence.
In September, lawmakers pushed new legislation to expand the benefit to rail and transportation workers whose overtime falls outside the FLSA. The Transport Workers Union (TWU) supported the move alongside other unions.
Rep. Don Bacon, who introduced the original bill, presented it as tax relief for families hit by inflation. Labor coalitions like the Transportation Trades Department (TTD), along with SMART-TD, BLET, and TWU, sent letters urging Congress to expand coverage to workers excluded by FLSA.
The momentum mirrored broader post-pandemic campaigns. As AP News noted, similar union-supported proposals like the “no tax on tips” push followed the same playbook: increase take-home pay and close long-standing gaps.
On Capitol Hill, the Ways and Means Committee described “no tax on overtime” as both a work incentive and a job creator. Meanwhile, Rep. Emilia Sykes, joined by Nicole Malliotakis and others, introduced the No Tax on Overtime for All Workers Act to include employees covered under collective bargaining agreements or the Railway Labor Act.
How Much More Could Land in Your Paycheck?
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The “no tax on overtime” deduction could mean hundreds or even thousands more in annual take-home pay, depending on your hourly rate and how many extra hours you work. According to the IRS, only the overtime premium, the extra half-time rate under FLSA, is deductible. The deduction is capped at $12,500 for individuals and $25,000 for joint filers, with a gradual phase-out for higher earners.
Here’s how that plays out in real numbers:
This new benefit will have the biggest impact on hourly and mid-income workers in fields where overtime is standard, such as logistics, health care, and manufacturing. High earners may see less impact if they exceed the cap or enter the phase-out zone.
Workers shouldn’t expect to see these savings in their paychecks right away. Since employers still withhold taxes on overtime, the deduction only kicks in at tax time. To estimate savings, the IRS recommends using Publication 505 and its online calculators.
Are There Any Catches or Loopholes?
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The “no tax on overtime” policy may sound like a big win, but several important caveats remain. For starters, the deduction applies only to federal income taxes. The IRS confirms that overtime wages are still subject to payroll taxes, and state treatment will vary depending on how each jurisdiction aligns with federal rules.
The IRS also notes that only the overtime premium portion —the “half” in time-and-a-half —is deductible. Some workers, especially in rail and transportation sectors governed by the Railway Labor Act, may be excluded unless Congress extends eligibility. Income limits and annual deduction caps were included to keep the benefit focused on middle-income earners.
At this stage, the IRS has issued only basic guidance. More detailed rules are expected, including how employers should report qualifying overtime and how workers will claim the break during tax season. The benefit is real, but the logistics could still prove complicated.
Will “No Tax on Overtime” Change the Way We Work?
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The new overtime deduction could influence how people work in surprising ways. Harvard research on labor supply shows that when take-home pay rises, workers often increase their hours because the financial reward becomes more appealing. That could mean more hourly employees signing up for extra shifts once they realize they will keep more of what they earn.
Employers may take a different approach. Forbes points out that the deduction applies only to the FLSA premium portion, not to base pay. Some companies might lean more heavily on overtime rather than hiring, or adjust compensation structures to get the most out of the tax break. Others may respond oppositely, limiting overtime or distributing hours more evenly to avoid additional reporting burdens.
The most significant changes are likely in sectors like manufacturing and healthcare, where overtime is routine. According to FRED, manufacturing employees averaged 2.9 hours of overtime per week as of August 2025. A study in the International Journal of Public Health found that hospitals often rely on extended nurse shifts to maintain coverage.
For now, the IRS has issued only preliminary guidance. Employers will have to track and report qualifying overtime separately, but many HR departments are holding off on changes until more rules are released. While employees may be eager to take advantage, the fundamental shift will depend on how companies adapt.
What’s Still in Limbo With “No Tax on Overtime”?
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Workers won’t see the “no tax on overtime” break in their weekly paychecks just yet. As TurboTax explains, the deduction applies to overtime worked between January 1, 2025, and December 31, 2028, but the savings will only show up when workers file their annual tax returns. Employers must continue withholding as usual.
The IRS confirmed that employers must track and report qualifying overtime separately on year-end forms. Although this break is temporary, H&R Block notes that Congress could vote to extend it beyond 2028. Lawmakers have already introduced proposals to expand who qualifies.
Currently, the IRS has issued only basic instructions. More detailed rules are still pending, including updates to withholding tables and recordkeeping requirements. Employers must separate overtime premiums from base pay when reporting, but many are waiting for complete guidance before adjusting internal processes.
At the same time, Kiplinger highlights a recent Texas court ruling that struck down an overtime eligibility rule. That decision adds uncertainty over who qualifies for overtime and could affect who can ultimately claim the deduction.
FAQ
Is overtime taxed at 40%?
No. Overtime isn’t taxed at a special 40% rate. It’s added to your regular wages and taxed under the same federal income tax brackets. If overtime income pushes you into a higher bracket, only the portion above the threshold is taxed at the higher rate, not all of your pay.
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