Who qualifies for no tax on overtime?

You qualify if your overtime is required by federal law and reported to you, you have a valid Social Security number, and you file jointly if married.

By the Sproutcalc team · Figures last checked · How we calculate

SituationQualifies?Why
Hourly worker paid time-and-a-half over 40 hoursYesThe half-time premium is FLSA overtime
Nurse paid overtime under the FLSAYesSame rule: the premium above the regular rate
Holiday or weekend premium in a 38-hour weekNoNo hours over 40, so it isn't FLSA overtime
Double time under a union contractPartOnly the FLSA-required half counts
Salaried exempt managerNoNot entitled to FLSA overtime
Married, filing separatelyNoMarried couples must file jointly
Contractor paid overtime on a 1099CheckPossible if reported in Form 1099-NEC box 1d or 1099-MISC box 14

Not sure if you're FLSA non-exempt?

Ask your employer or HR. The IRS expects workers to make a reasonable effort to find out, which can include asking them.

Sources

Related tools