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My husband had 126 hours of overtime in 2025. Hiss hourly rate and OT rate is the same- $68.62. Can he deduct any of his OT pay?

 
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2 Replies

My husband had 126 hours of overtime in 2025. Hiss hourly rate and OT rate is the same- $68.62. Can he deduct any of his OT pay?

That sounds like he is an exempt employee.  Those employee are not eligible for overtime since they are salaried and not hourly employees.

rjs
Level 15
Level 15

My husband had 126 hours of overtime in 2025. Hiss hourly rate and OT rate is the same- $68.62. Can he deduct any of his OT pay?

He cannot deduct overtime that was paid at his regular hourly rate. The deduction is only for the amount that is over the regular rate. If his overtime rate was $102.93 (time and a half), and he was not an exempt employee, he would be able to deduct the extra $34.31 per hour, the "half" in the time and a half rate.


The fact that he does not get time and a half for overtime shows that he is exempt because, if he were not exempt, his employer would be required by law to pay time and a half for overtime.

 

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