Should overtime earnings be exempt from federal income tax?
S. 1046 aims to exclude overtime compensation from federal income tax. Currently, the entirety of money earned from working over forty hours a week is subjected to federal income tax. This bill proposes an amendment to the current Internal Revenue Code, calculating how much an individual owes in federal income tax based only on earnings within forty hours a week. In doing so, a worker will not have to pay federal income tax on the remaining money earned from working overtime.
Sponsor: Sen. Josh Hawley (Republican, Missouri)
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How do you feel?
Opponents say
• "No tax on overtime raises questions about policy design, equity, and tax avoidance. An estimated 8% of hourly workers and 4% of salaried workers work FSLA-qualified overtime on a regular basis. We ballpark that an income tax deduction for overtime pay would cost $866 billion over ten years, before considering behavioral feedback. If overtime were also exempt from payroll tax, this figure rises to more than $1.3 trillion. A tax break for overtime pay would worsen horizontal inequities in the tax code, creating different tax rates among people with similar incomes. Tax proposals that favor one form of income over others create opportunities for tax avoidance." Source: The Budget Lab at Yale University
• "You’re making it more challenging for a more limited base to raise revenue, and from our perspective, the gaping hole that you have between revenues and spending, and the political appetite to keep the revenues low and the spending high, is creating sustained deficits. You’re accelerating the amount of our national debt, which we think is going to have severe long-term economic consequences." Source: Brett Loper, Executive Vice President of Policy for the Peter G. Peterson Foundation
• "Introducing an exemption for overtime work would increase time spent on overtime decisions for employees and worker classification arrangements between employees and employers purely for tax purposes, distracting them from productive activity. While the proposed tax exemption would produce a small increase in the labor supply and long-run economic growth, there are more straightforward ways to do that, such as lowering statutory tax rates, that do not clutter up the tax code with more exemptions or lead to economically wasteful gaming…Trump’s No Tax on Overtime Pay proposal would unnecessarily complicate the tax code, increase compliance and administrative costs, and reduce neutrality by favoring certain work arrangements over others." Source: The Tax Foundation
Proponents say
• "The No Tax On Overtime Act of 2025 fulfills a campaign promise from President Trump to deliver relief for working families following four years of economically debilitating Biden-era policies. For decades, working Americans have been left behind by both parties. Mega corporations have gotten richer and richer while workers struggle to get ahead and Washington turns a blind eye. President Trump promised to change the status quo and put American workers first by ending taxes on overtime pay. Let’s follow through on that promise and deliver a win for workers." Source: Sen. Josh Hawley (Republican, Missouri)
• "Working Americans—from servers, to bartenders, delivery drivers, and everything in between— work hard for every dollar they earn and are the ones who deserve tax relief, not the ultra-rich. While President Trump and Republicans push tax breaks for billionaires and stick the middle class with the bill, Senate Democrats are standing strong to protect America’s working families." Source: Sen. Chuck Schumer (Democrat, New York), Senate Minority Leader
• "Fire fighters already work 53 hours a week before even qualifying for overtime pay. That’s 35% more hours a week than the average worker. The proposal to eliminate taxes on overtime would bring meaningful relief to fire fighters, helping them keep more of what they earn while working long hours to keep their communities safe." Source: Edward Kelly, General President of the International Association of Fire Fighters