Restoring Overtime Pay Act of 2026
Sponsored By: Senator Sanders, Bernard [I-VT]
Introduced
Summary
Higher salary threshold for overtime exemptions. This bill would require executive, administrative, and professional employees to meet a new minimum salary test to remain exempt from overtime and would set up automatic annual updates to that salary floor.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 1 benefits, 0 costs, 1 mixed.
Higher overtime salary floor and duties
This bill would change who is exempt from federal overtime. To be exempt, salaried executive, administrative, or professional workers would need a weekly pay equal to an annual salary of at least $45,000 starting on the Act’s effective date; $55,000 on January 1, 2027; $65,000 on January 1, 2028; and $75,000 on January 1, 2029. Beginning January 1, 2030, the floor would be set to the 55th percentile of weekly pay for full-time salaried workers and updated each year, with the Secretary allowed to set a higher floor by rule and a 60-day public notice before changes. The bill would also change the statute’s written duties test language (for example replacing “less than 40” with “not less than 20”), which could change who remains exempt. If your salary is below the applicable threshold and you meet the other tests, you would be able to claim overtime pay.
Quarterly weekly pay data from BLS
This bill would require the Bureau of Labor Statistics to post weekly earnings for full-time salaried workers by census region. BLS would publish data for each week of a quarter no later than 21 days after the quarter ends. The data would be on the BLS public website. This would improve public access to timely pay trends but would not directly change pay or benefits.
Sponsors & CoSponsors
Sponsor
Sanders, Bernard [I-VT]
VT • I
Cosponsors
Sen. Schumer, Charles E. [D-NY]
NY • D
Sponsored 5/18/2026
Sen. Padilla, Alex [D-CA]
CA • D
Sponsored 5/18/2026
Sen. Schatz, Brian [D-HI]
HI • D
Sponsored 5/18/2026
Sen. Duckworth, Tammy [D-IL]
IL • D
Sponsored 5/18/2026
Sen. Warren, Elizabeth [D-MA]
MA • D
Sponsored 5/18/2026
Sen. Baldwin, Tammy [D-WI]
WI • D
Sponsored 5/18/2026
Sen. Murray, Patty [D-WA]
WA • D
Sponsored 5/18/2026
Sen. Markey, Edward J. [D-MA]
MA • D
Sponsored 5/18/2026
Sen. Whitehouse, Sheldon [D-RI]
RI • D
Sponsored 5/18/2026
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 5/18/2026
Sen. Blumenthal, Richard [D-CT]
CT • D
Sponsored 5/18/2026
Sen. Fetterman, John [D-PA]
PA • D
Sponsored 5/18/2026
Sen. Cantwell, Maria [D-WA]
WA • D
Sponsored 5/18/2026
Sen. Murphy, Christopher [D-CT]
CT • D
Sponsored 5/18/2026
Sen. Gallego, Ruben [D-AZ]
AZ • D
Sponsored 5/18/2026
Sen. Wyden, Ron [D-OR]
OR • D
Sponsored 5/18/2026
Sen. Merkley, Jeff [D-OR]
OR • D
Sponsored 5/18/2026
Sen. Durbin, Richard J. [D-IL]
IL • D
Sponsored 5/18/2026
Sen. Welch, Peter [D-VT]
VT • D
Sponsored 5/18/2026
Sen. Hirono, Mazie K. [D-HI]
HI • D
Sponsored 5/18/2026
Sen. Kim, Andy [D-NJ]
NJ • D
Sponsored 5/18/2026
Sen. Alsobrooks, Angela D. [D-MD]
MD • D
Sponsored 5/18/2026
Sen. Reed, Jack [D-RI]
RI • D
Sponsored 5/18/2026
Sen. Luján, Ben Ray [D-NM]
NM • D
Sponsored 5/18/2026
Sen. Blunt Rochester, Lisa [D-DE]
DE • D
Sponsored 5/18/2026
Sen. Hickenlooper, John W. [D-CO]
CO • D
Sponsored 5/19/2026
Sen. Gillibrand, Kirsten E. [D-NY]
NY • D
Sponsored 6/1/2026
Sen. Coons, Christopher A. [D-DE]
DE • D
Sponsored 7/13/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov