BobKamman
Level 15

How do you read this provision from today's House vote?

1)  Say someone gets paid $20 an hour, but $30 for overtime.  How much is excluded -- all $30, or just the $10?

2)  FLSA overtime rules apply only employers engaged in interstate commerce, or with annual sales of $500,000 or more.  There are some other categories.  Nonprofits are not covered.  So, if an employer pays overtime but is not subject to FLSA, does the exclusion still apply?

   ``(a) In General.--There shall be allowed as a deduction an amount 
equal to the qualified overtime compensation received during the 
taxable year.
    ``(b) Qualified Overtime Compensation.--
            ``(1) In general.--For purposes of this section, the term 
        `qualified overtime compensation' means 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.