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California overtime

Verz

I worked around 90 hours of OT in 2025. However, I get daily OT. Some weeks I worked 36 hours with 5 hours of OT. Which is the case for most of my OT. Can I still deduct the half pay x 90 hours? Or would I not qualify since I’m working less than 40 a week. For those cases, I was technically working more than 40 hours a week if the overtime was included. But does that count? Anything helps. Thanks.

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Taylor

Hello Verz,

Great question! The overtime deduction follows the Fair Labor Standards Act (FLSA) rules for what qualifies as overtime. Your employer should be able to confirm whether you're a covered, nonexempt employee under FLSA and which of your overtime hours actually qualify under federal rules versus state or company policy.

The IRS has stated the following: "Employers and other payors are required to file information returns with the IRS (or SSA) and furnish statements to taxpayers showing the total amount of qualified overtime compensation paid during the year."

Our team has written several great articles that can guide you further on this:

https://community.freetaxusa.com/kb/articles/241-do-i-qualify-for-the-new-overtime-pay-deduction

If you have any additional questions or need further assistance, feel free to reach out to our Customer Support team inside your account.