I am an RN. I work 36 hours a week. I do not get paid time and half until after 40 hours a week. Can I still claim those extra 4 hours a week?

[butlerwj]

I often get paid an additional 3-4 a weeks base hourly as I work late etc. Can I still claim that as overtime with regards to the new, no tax on overtime?

[Vanessa A · Accepted solution]

No.  You can only claim the premium amount of the overtime.  So if you worked 45 hours and are paid $40 per hour with overtime at time and a half getting $60 per hour, you can only claim that $20 per hour different, not the entire $60.

The Overtime is based on the Federal Labor Standards Board. over 40 hours workweek requirement of time and a half pay.  That is the only part that is deductible.  The rest of the details for deducting overtime pay are below

To qualify for the No Tax on Overtime Deduction the following must apply:

• You must be a non-exempt employee eligible for Overtime under the federal Fair Labor Standards Act
• The Overtime must be on hours worked OVER 40 hours.  (if you live in a state where OT pay is required after 8 hours, this does not apply)
• Overtime must be paid at more than your regular hourly rate.  
• Only the amount that is over your regular hourly rate is deductible.  For example,  If you make $30 per hour and are paid OT at $45 an hour, you can only deduct $15 per hour as overtime deduction.
• The deduction is limited to $12,500
• Your filing status cannot be Married Filing Separately
• Your income must be less than $150,000 if you are single or $300,000 if Married Filing Jointly.