What does Preamble of Restoring Overtime Pay Act of 2026 do?

This bill proposes amendments to the Fair Labor Standards Act of 1938. It aims to establish a minimum salary threshold for certain employees (executive, administrative, and professional) who are currently exempt from federal overtime compensation requirements. The bill also intends to automatically update this salary threshold each year.

What does SHORT TITLE. of Restoring Overtime Pay Act of 2026 do?

This bill is formally titled the Restoring Overtime Pay Act of 2026.

What does MINIMUM SALARY THRESHOLD FOR BONA FIDE EXECUTIVE, of Restoring Overtime Pay Act of 2026 do?

This section amends the Fair Labor Standards Act of 1938 to establish a minimum salary threshold for employees exempt from federal overtime compensation requirements. Beginning in 2026, the minimum salary threshold will be $45,000, increasing to $55,000 in 2027, $65,000 in 2028, and $75,000 in 2029. Starting in 2030, the threshold will be updated annually to reflect the 55th percentile of weekly earnings of full-time salaried workers nationally, as determined by the Bureau of Labor Statistics. The Secretary of Labor has the authority to establish a higher salary threshold through rulemaking. The Secretary is required to update the salary threshold annually, with certain updates not subject to the Administrative Procedure Act. The Bureau of Labor Statistics must publish weekly earnings data by census region.

What does NONEXEMPT DUTIES LIMIT FOR BONA FIDE EXECUTIVE, ADMINISTRATIVE, of Restoring Overtime Pay Act of 2026 do?

This section amends Section 13(a)(1) of the Fair Labor Standards Act of 1938. The amendment removes the phrase 'of a retail or service establishment shall not' from the existing text. The phrase 'because of' and all subsequent text through 'administrative activities' is removed. The minimum salary threshold for nonexempt executive, administrative, or professional employees is changed from 'less than 40' to 'not less than 20'. The amendment replaces 'such activities' with 'activities not directly or closely related to the performance of executive or administrative activities'.

What does EFFECTIVE DATE. of Restoring Overtime Pay Act of 2026 do?

This Act will become effective on the first day of the third month following its enactment. The amendments made by this Act will also take effect on the same date.

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Restoring Overtime Pay Act of 2026

Last updated: 5/18/2026 · Introduced: 5/18/2026

Author: Bernie Sanders (I-VT)

TL;DR (AI)

This bill establishes a tiered minimum salary threshold of $45,000 in 2026, increasing to $75,000 by 2029, for certain employees currently exempt from overtime pay.
Beginning in 2030, the salary threshold will be adjusted annually based on the 55th percentile of weekly earnings for full-time salaried workers, as determined by the Bureau of Labor Statistics.
The bill modifies the duties test for executive, administrative, and professional employees, removing specific limitations related to retail or service establishments and redefining relevant activities.

119th Congressin committeeHR. 8868(In Committee)Official page

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Includes provisions on preamble, short title., and 3 more.

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