Assembly Bill A8965

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8965--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 13, 2025
                                ___________
 
 Introduced  by  M. of A. DeSTEFANO, SLATER, SEMPOLINSKI, ANGELINO, SIMP-
   SON, DURSO, BENDETT, BLANKENBUSH, TAGUE, CHLUDZINSKI -- read once  and
   referred  to  the  Committee  on  Ways and Means -- recommitted to the
   Committee on Ways and Means in accordance with Assembly Rule 3, sec. 2
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  amend  the tax law, in relation to subtracting from federal
   adjusted gross income any overtime compensation earned by an  individ-
   ual
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subsection (c) of section 612 of the tax law is amended  by
 adding a new paragraph 48 to read as follows:
   (48)  ANY  OVERTIME  COMPENSATION  RECEIVED  BY  AN INDIVIDUAL, TO THE
 EXTENT INCLUDIBLE IN GROSS INCOME FOR FEDERAL INCOME TAX  PURPOSES.  FOR
 PURPOSES  OF  THIS  PARAGRAPH,  "OVERTIME COMPENSATION" SHALL MEAN WAGES
 EARNED FOR TIME AN INDIVIDUAL WORKED  BEYOND  SUCH  INDIVIDUAL'S  NORMAL
 SCHEDULED  WORKING  HOURS.  PROVIDED,  HOWEVER, THAT FOR THE PURPOSES OF
 QUALIFIED OVERTIME COMPENSATION AS DEFINED IN SECTION  225  (C)  OF  THE
 INTERNAL REVENUE CODE IT SHALL INCLUDE ANY COMPENSATION PAID TO AN INDI-
 VIDUAL THAT IS IN EXCESS OF THE REGULAR RATE AT WHICH SUCH INDIVIDUAL IS
 EMPLOYED IF (I) SUCH COMPENSATION IS PAID FOR WORK FOR A SINGLE EMPLOYER
 PURSUANT  TO  AN  AGREEMENT  BETWEEN THE EMPLOYEE (OR LABOR ORGANIZATION
 REPRESENTING  SUCH  EMPLOYEE)  AND  EMPLOYER  ENTERED  INTO  BEFORE  THE
 PERFORMANCE  OF  THE  WORK,  AND (II) EITHER SUCH WORK IS IN EXCESS OF A
 STANDARD NUMBER OF HOURS OF SUCH WORK FOR A SPECIFIED PERIOD OF TIME AND
 SUCH AGREEMENT SPECIFIES THAT SUCH STANDARD NUMBER OF HOURS FOR A SPECI-
 FIED TIME IS NOT LESS THAN FORTY HOURS FOR A SEVEN DAY  PERIOD,  OR,  IF
 THE  EMPLOYEE  (INCLUDING  ANY  CREWMEMBER  OR FLIGHT CREWMEMBER OR RAIL
 OPERATING CRAFT EMPLOYEE) AND EMPLOYER REFERRED TO IN  SUBPARAGRAPH  (I)
 OF  THIS  PARAGRAPH ARE BOTH COVERED BY THE RAILWAY LABOR ACT, SUCH WORK
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07557-03-6
              

 A. 8965--A                          2
 
 IS BEYOND SCHEDULED OR ANTICIPATED HOURS ON DUTY THAT EXCEED  A  MAXIMUM
 NUMBER  OF  HOURS  WITH RESPECT TO A SPECIFIED PERIOD OF TIME (AS DETER-
 MINED PURSUANT TO SUCH AGREEMENT).
   § 2. This act shall take effect immediately and shall apply to taxable
 years beginning on and after January 1, 2026.