BobKamman
Level 15
05-22-2025
10:48 AM
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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.