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How Overtime Pay Works: FLSA Rules and Taxes

FLSA requires 1.5× regular rate for hours over 40 per workweek. A 2025–2028 deduction exempts the OT premium (up to $12,500) from federal income tax.

By The TakeHome Tax DeskUpdated October 7, 2026

Federal law under the Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees at least 1.5 times their regular rate for any hours worked beyond 40 in a workweek. For tax years 2025 through 2028, a new deduction under IRC §225 (the One Big Beautiful Bill Act, P.L. 119-21) allows workers to deduct the premium portion of qualifying FLSA overtime from federal income — up to $12,500 (single) or $25,000 (joint). FICA still applies to all overtime pay.

Use the overtime calculator to estimate your gross pay and tax on any combination of regular and overtime hours.

The FLSA Overtime Rule

The Department of Labor Wage and Hour Division sets and enforces the FLSA overtime requirement:

  • Trigger: hours over 40 in a single workweek (not averaged over two weeks)
  • Rate: at least 1.5× the regular rate of pay
  • Applies to: non-exempt hourly and salaried employees

Regular rate for hourly workers: the hourly rate itself (plus any required add-ons like non-discretionary bonuses).

Regular rate for non-exempt salaried workers: weekly salary divided by the number of hours the salary is intended to cover — often 40, unless the employer and employee agree otherwise.

Worked Example: $20 Per Hour, 10 Overtime Hours Per Week

A non-exempt hourly employee earning $20 per hour works 50 hours every week for 52 weeks:

Component Calculation Annual
Regular pay $20 × 40 hrs × 52 wks $41,600
Overtime pay $20 × 1.5 × 10 hrs × 52 wks $15,600
Total gross — $57,200
Qualified OT premium $20 × 0.5 × 10 × 52 (the half-time) $5,200

The “premium” is only the extra half — the part of overtime pay that exceeds straight time. The regular-rate portion of overtime hours ($10,400 in this example — $20 × 10 × 52) is not deductible.

Taxes with the 2025–2028 overtime deduction (single filer):

Item Amount
Gross wages $57,200
Standard deduction $16,100
Overtime deduction (full premium) $5,200
Federal taxable income $35,900
Federal income tax $4,060
FICA (7.65% on $57,200) $4,375
Estimated annual take-home $48,765

Without the overtime deduction:

Federal taxable income $41,100
Federal income tax $4,684
Estimated annual take-home $48,141

The deduction saves approximately $624 per year in federal income tax on a $57,200 gross — about $24 per biweekly paycheck. FICA ($4,375) is the same either way.

The 2025–2028 Overtime Deduction (IRC §225)

The One Big Beautiful Bill Act, P.L. 119-21 created a temporary federal income tax deduction for qualified overtime compensation. Key rules:

Feature Rule
What qualifies The FLSA section 7 premium only (the “half” in time-and-a-half)
Maximum deduction $12,500 (single / HOH / MFS); $25,000 (MFJ)
Phase-out starts MAGI above $150,000 (single); $300,000 (MFJ)
Phase-out rate $100 reduction per $1,000 of MAGI above the start
Applies to Federal income tax only
Tax years 2025–2028
FICA Still applies to all overtime

If your MAGI is at or below $150,000 and your qualifying overtime premium is $12,500 or less, you get the full deduction. The deduction is claimed on Schedule 1-A (released by the IRS in IR-2026-28).

Overtime required only by state law or a union contract (not by federal FLSA §7) does not qualify for the deduction (26 U.S.C. §225).

Exempt vs. Non-Exempt Employees

The FLSA overtime requirement applies only to non-exempt employees. Exempt employees include:

  • Executive exemption: manages two or more employees, has authority over hiring/firing, meets the salary level
  • Administrative exemption: office or non-manual work related to management, exercises discretion and judgment
  • Professional exemption: advanced knowledge in a field of science or learning, or creative and artistic work
  • Outside sales exemption: primarily makes sales away from the employer’s premises
  • Highly compensated: total annual compensation of at least $107,432 (verify current threshold at DOL.gov)

To qualify for most exemptions, the employee must also meet a salary basis test — they receive a predetermined salary not subject to reduction based on the quality or quantity of work, currently at least $684 per week under federal rules (state rules may be higher).

Overtime Rates at a Glance

Regular Rate OT Rate (1.5×) Premium (extra 0.5×)
$15.00 $22.50 $7.50
$20.00 $30.00 $10.00
$25.00 $37.50 $12.50
$30.00 $45.00 $15.00
$35.00 $52.50 $17.50

The “premium” column is the portion eligible for the OT deduction. The deductible amount per overtime hour is 0.5× the regular rate.

For hourly-to-annual conversions without overtime, see hourly to salary conversion. For the detailed tax policy explanation, see no tax on overtime explained.

Frequently asked questions

Is overtime calculated daily or weekly?+

Under the federal FLSA, overtime is calculated weekly — hours over 40 in a single workweek, not daily or biweekly. Some states (California is the most common example) also require daily overtime after 8 hours in a day, but federal law uses the 40-hour workweek standard.

Does the overtime deduction eliminate all tax on overtime pay?+

No. The deduction covers only the premium portion of FLSA overtime — the extra half-time on top of the regular rate. Regular-rate wages earned during overtime hours are still fully taxable. FICA also still applies to all overtime pay.

Which employees qualify for overtime under the FLSA?+

Non-exempt employees are entitled to overtime under the FLSA. Employees who are classified as exempt — typically certain executives, administrators, professionals, and outside sales staff who meet both a duties test and a salary threshold — generally do not receive overtime regardless of hours worked.

What is the 'regular rate' for overtime purposes?+

The regular rate is generally the hourly rate (or the total compensation divided by hours worked for salaried non-exempt workers). Shift differentials and most non-discretionary bonuses must be included in the regular rate before computing overtime.

Does the overtime deduction apply to state income tax?+

No. The 2025–2028 overtime deduction is a federal income tax deduction only. It has no effect on Social Security, Medicare, or state income taxes.

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