You'll need to sign in or create an account to connect with an expert.
Eligible overtime for the deduction is overtime that is required by the Fair Labor Standards Act. Generally, that means the "half-time" when you get paid time and a half for working more than 40 hours/week.
This means that if you are an "exempt" supervisory or professional employee, your overtime is not eligible because it is not required under the FLSA. If you are non-exempt but you are paid more than time and a half, only the half time is eligible. If you are paid shift differential for working nights or weekends but don't go over 40 hours, that is also not eligible, because it is a contract benefit or employee benefit but is not required by the FLSA.
In 2026, your employer must report any eligible OT on your W-2. For 2025, you will need to figure it out yourself. If you can't tell from your pay stubs, you can ask your employer. If you can't figure it out, you may not be able to claim anything.
If you get the same hourly wage for the extra 10 hours it isn’t overtime.
My w-2's and my paycheck stub does not state an hourly rate nor is the payroll department verifying an hourly rate-- how do I verify that the 10 hours are at time and a half or not?
@superdelicate Since you are a salaried employee, meaning your are exempt, then you do not have overtime pay.
Eligible overtime for the deduction is overtime that is required by the Fair Labor Standards Act. Generally, that means the "half-time" when you get paid time and a half for working more than 40 hours/week.
This means that if you are an "exempt" supervisory or professional employee, your overtime is not eligible because it is not required under the FLSA. If you are non-exempt but you are paid more than time and a half, only the half time is eligible. If you are paid shift differential for working nights or weekends but don't go over 40 hours, that is also not eligible, because it is a contract benefit or employee benefit but is not required by the FLSA.
In 2026, your employer must report any eligible OT on your W-2. For 2025, you will need to figure it out yourself. If you can't tell from your pay stubs, you can ask your employer. If you can't figure it out, you may not be able to claim anything.
Still have questions?
Questions are answered within a few hours on average.
Post a Question*Must create login to post
Ask questions and learn more about your taxes and finances.
sea_moss
New Member
cs2309
New Member
kennyd-23
New Member
chriskmars
New Member
janet-lalonde
New Member