S. 4310Senate119th Congress (2025-2027)In Committee

No Tax on Overtime for All Workers Act

A bill to amend the Internal Revenue Code of 1986 to allow a deduction for certain overtime compensation.

Introduced April 15, 2026

AI-Generated Summary

Updated May 1, 2026 at 6:50 AM UTC

The No Tax on Overtime for All Workers Act changes the tax code so that workers can deduct certain overtime pay from their taxable income. It expands the definition of “qualified overtime compensation” to include overtime required by the Fair Labor Standards Act and other overtime paid under pre‑work agreements that meet specific hour‑threshold rules. The change applies to tax years beginning after December 31, 2024 and affects any employee who receives such overtime pay.

Key Provisions

  • Defines “qualified overtime compensation” as (A) overtime required by the Fair Labor Standards Act that exceeds the regular rate, or (B) overtime paid under a pre‑work agreement with a single employer that meets hour‑threshold conditions.
  • For the non‑FLSA overtime, the agreement must be made before the work is performed and must specify a standard number of hours that is at least 40 hours per week, or, for railway employees covered by the Railway Labor Act, overtime beyond scheduled or maximum duty hours as defined in the agreement.
  • Allows taxpayers to deduct this qualified overtime compensation from their taxable income under Section 225(c)(1) of the Internal Revenue Code.
  • The amendment takes effect for taxable years beginning after December 31, 2024.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance.

April 15, 2026

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SenateIntro Referral

Introduced in Senate

April 15, 2026

SenateIntro Referral

Read twice and referred to the Committee on Finance.

April 15, 2026

Bill Text

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Introduced in SenateIssued April 15, 2026

II

119th CONGRESS

2d Session

S. 4310

IN THE SENATE OF THE UNITED STATES

April 15 (legislative day, April 14), 2026

Mr. Justice introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to allow a deduction for certain overtime compensation.

1.

Short title

This Act may be cited as the No Tax on Overtime for All Workers Act.

2.

Deduction for certain overtime compensation

(a)

In general

Section 225(c)(1) of the Internal Revenue Code of 1986 is amended to read as follows:

(1)

In general

For purposes of this section, the term qualified overtime compensation means—

(A)

any overtime compensation paid to an individual required under section 7 of the Fair Labor Standards Act of 1938 that is in excess of the regular rate (as used in such section) at which such individual is employed, or

(B)

any compensation paid to an individual that is in excess of the regular rate at which such individual is employed if—

(i)

such compensation is paid for work for a single employer pursuant to an agreement between the employee (or labor organization representing such employee) and employer entered into before the performance of the work, and

(ii)

either—

(I)

such work is in excess of a standard number of hours of such work for a specified period of time, and such agreement specifies that such standard number of hours for a specified period of time is not less than 40 hours for a 7-day work period, or

(II)

if the employee (including any crewmember or flight crewmember, or rail operating craft employee) and employer referred to in clause (i) are both covered by the Railway Labor Act, such work is beyond scheduled or anticipated hours on duty or for hours on duty that exceed a maximum number of hours with respect to a specified period of time (as determined pursuant to such agreement).

.

(b)

Effective date

The amendment made by this section shall apply to taxable years beginning after December 31, 2024.