This document answers frequently asked questions as they relate to tax Form W-2 and other related tax forms.
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Example |
Hours Paid |
Qualified Overtime per OBBBA |
Explanation |
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Non-union, non-exempt employee works 44 hours/week at $20/hour (normal shift is 8 hours/day) Weekly breakdown: - Two 10-hour days - Three 8-hour days |
- 40 hours regular time - 4 hours overtime
|
- 4 hours of FLSA defined overtime - 4 hours * $10 ($20/hour * 0.5) = $40 |
Only the extra half-time portion of overtime pay for hours worked over 40 in a week qualifies under the OBBBA. In this example, the amount that qualifies for the deduction is $40. |
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Union, non-exempt employee works 43 hours/week at $20/hour (normal shift is 8 hours/day) Weekly breakdown: - Three 8-hour days - One 12-hour day - One 7-hour day |
- 39 hours regular time - 4 hours overtime (union daily OT rules) |
- 3 hours of FLSA defined overtime - 3 hours * $10 ($20/hour * 0.5) = $30 |
Only overtime based on FLSA rules (hours over 40 per week) qualifies. Even though 4 hours were paid as OT under the union agreement, only the 3 hours above 40 are used to calculate qualified overtime. The qualifying amount is $30. |
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Non-union, non-exempt employee works 40 hours/week at $20/hour (normal shift is 8 hours/day) Weekly breakdown: - Four 8-hour days - One 8-hour holiday |
- 40 hours regular time - 8 hours holiday premium |
- 0 hours of FLSA defined overtime - $0 |
Although the employee received premium pay for working on a holiday, they only worked 40 hours in the week. Since no hours were worked beyond 40, no qualified overtime can be reported. |
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Union, non-exempt employee works 36 hours/week at $20/hour (normal shift is 12 hours/day) Weekly breakdown: - Two 12-hour days - One 12-hour PTO day - One 12-hour special overtime day |
- 24 hours regular time - 12 hours PTO - 12 hours overtime (union special OT) |
- 0 hours of FLSA defined overtime - $0 |
Although the employee received overtime due to the union contract, they only worked 36 hours in the week. PTO does not count toward the 40-hour FLSA threshold. Since the employee did not work more than 40 hours, there is no qualified overtime. |