No Tax on Overtime by State
The federal no-tax-on-overtime deduction is the same nationwide, but two things genuinely vary by state: whether your overtime pay is the kind the deduction actually covers, and whether your state gives you any benefit on your own return too.
The deduction only covers overtime required by the federal Fair Labor Standards Act (FLSA) — generally hours worked beyond 40 in a week. Most states don't add anything beyond that, so effectively all of their overtime pay qualifies. A handful of states — California, Alaska, Nevada, and Colorado among them — also mandate overtime on a daily basis (for example, hours beyond 8 in a single day), and that state-mandated portion doesn't qualify for the federal deduction even though it shows up as overtime pay on the paystub.
Separately, the federal deduction reduces your federal taxable income only. Whether your state gives you any matching benefit depends on how that state's own tax return is built: some states never see the deduction in the first place because their tax base starts from federal AGI (above where this deduction is taken), some have specifically opted out with an addback, one has passed its own separate state-level deduction, and nine states have no wage income tax at all, so there's no state question to answer.
8 states, in detail
California
Daily overtime rules mean not all overtime pay qualifies
No state return benefit
Texas
FLSA-only — effectively all overtime pay qualifies
No state income tax
Florida
FLSA-only — effectively all overtime pay qualifies
No state income tax
New York
FLSA-only — effectively all overtime pay qualifies
No state return benefit
Ohio
FLSA-only — effectively all overtime pay qualifies
No state return benefit
Michigan
FLSA-only — effectively all overtime pay qualifies
State return benefit available
Pennsylvania
FLSA-only — effectively all overtime pay qualifies
No state return benefit
Illinois
FLSA-only — effectively all overtime pay qualifies
No state return benefit
These 8 states are live first; the remaining 42 are planned once these show real search traction. Overtime-law and conformity data last verified 2026-08-31.
Reviewed by Saurabh Sharma and Ashay Saraswat · last verified August 31, 2026 against IRS guidance.