Overtime wages could soon escape Georgia’s state income tax under a new bill that aims to boost take-home pay for workers clocking in beyond 40 hours a week. The proposal, which landed in the state House of Representatives on Monday, seeks to redefine how overtime compensation is taxed—marking a potential financial shift for thousands of employees.
The Push for Overtime Tax Relief
Filed as H.B. 375, the bill, sponsored by Rep. Tyler Paul Smith, R-Bremen, along with other lawmakers, would exempt overtime earnings from Georgia’s taxable income starting Jan. 1, 2026. The legislation carves out an exclusion for:
- Full-time employees working over 40 hours per week
- Overtime wages paid under the Fair Labor Standards Act (FLSA)
- Hourly overtime pay covered under the Railway Labor Act for unionized workers
By removing state taxes from these earnings, the bill’s supporters argue it will incentivize productivity, put more money in workers’ pockets, and ease financial burdens amid rising costs of living.
Employer Reporting and Compliance
The legislation doesn’t just focus on workers—it also introduces new reporting requirements for employers. Businesses would be required to document:
- Total overtime compensation paid to full-time employees
- The number of workers receiving these payments
This measure ensures transparency and regulatory oversight, preventing miscalculations or misuse of the tax exemption.
Legislative Path and Next Steps
The bill has been assigned to the House Ways and Means Committee, a crucial step before any floor debate or vote. If it clears the legislative hurdles and secures approval, the law would officially take effect on July 1, 2025, applying to all taxable years beginning January 1, 2026.
