Yes · Taxes overtime · top rate 13.3% Verified October 1, 2026

Does California tax overtime pay?

Yes. California taxes overtime pay as ordinary wage income. The federal OBBBA overtime deduction lowers your federal taxable income, but California does not conform, so the state still taxes the overtime premium. California taxes overtime as ordinary wage income under its progressive rate schedule, with a top rate of 13.3% on wage income above $1 million (13.3% is the top rate on wages; a 1% mental health surcharge applies above that but is often counted separately). California starts from federal AGI with its own adjustments and has not adopted the federal overtime deduction, so overtime remains fully taxable on the CA-540.

Federal rule vs California rule

Layer2026 treatment of overtime premium
FederalUp to $12,500 single / $25,000 MFJ of FLSA half-time premium deducted from taxable income, phasing out at $150k/$300k MAGI. 2025–2028.
CaliforniaTop rate 13.3% above $1 million; most filers pay far less
Result for youCalifornia taxes overtime as ordinary wage income under its progressive rate schedule, with a top rate of 13.3% on wage income above $1 million (13.3% is the top rate on wages; a 1% mental health surcharge applies above that but is often counted separately). California starts from federal AGI with its own adjustments and has not adopted the federal overtime deduction, so overtime remains fully taxable on the CA-540.

How state overtime taxation works

Most states start from federal AGI and add back or subtract state-specific adjustments. The federal OBBBA overtime deduction lives in federal taxable income only, so a state that starts from federal AGI still taxes the overtime unless it conforms to the deduction or passes its own exemption. Three groups result: the nine no-income-tax states never taxed overtime at all; a set of states that auto-coupled or legislated conformity exclude it for 2026; the rest, including large non-conforming states like California and New York, tax overtime as ordinary wages.

The federal deduction is 2025–2028. When it sunsets, conforming states' treatment reverts automatically. The deduction applies to the FLSA-required half-time premium only, not the whole overtime paycheck. The federal overtime calculator handles the federal side; this page covers the California layer.

Every state, one table

All 50 states and DC. Tap any state.

StateTaxes overtime?Top 2026 rate
Alabama Yes 5.00%
Alaska No (no income tax) n/a
Arizona Yes 2.5%
Arkansas Yes 3.9%
Colorado Yes 4.40%
Connecticut Yes 6.99%
Delaware Yes 6.60%
District of Columbia Yes 10.75%
Florida No (no income tax) n/a
Georgia Yes 5.19%
Hawaii Yes 11%
Idaho No (conforms) 5.3%
Illinois Yes 4.95%
Indiana Yes 2.95%
Iowa No (conforms) 3.8%
Kansas Yes 5.58%
Kentucky Yes 3.50%
Louisiana Yes 3.00%
Maine Yes 7.15%
Maryland Yes 6.25%
Massachusetts Yes 9.0%
Michigan No (conforms) 4.25%
Minnesota Yes 9.85%
Mississippi Yes 4.00%
Missouri Yes 4.7%
Montana No (conforms) 5.65%
Nebraska Yes 4.55%
Nevada No (no income tax) n/a
New Hampshire No (no income tax) n/a
New Jersey Yes 10.75%
New Mexico Yes 5.9%
New York Yes 10.9%
North Carolina Yes 3.99%
North Dakota No (conforms) 2.5%
Ohio Yes 2.75%
Oklahoma Yes 4.50%
Oregon No (conforms) 9.9%
Pennsylvania Yes 3.07%
Rhode Island Yes 5.99%
South Carolina No (conforms) 6.00%
South Dakota No (no income tax) n/a
Tennessee No (no income tax) n/a
Texas No (no income tax) n/a
Utah Yes 4.45%
Vermont Yes 8.75%
Virginia Yes 5.75%
Washington No (no income tax) n/a
West Virginia Yes 4.82%
Wisconsin Yes 7.65%
Wyoming No (no income tax) n/a

Common questions

Does California tax overtime pay in 2026?

Yes. California taxes overtime pay as ordinary wage income. The federal OBBBA overtime deduction lowers your federal taxable income, but California does not conform, so the state still taxes the overtime premium. California taxes overtime as ordinary wage income under its progressive rate schedule, with a top rate of 13.3% on wage income above $1 million (13.3% is the top rate on wages; a 1% mental health surcharge applies above that but is often counted separately). California starts from federal AGI with its own adjustments and has not adopted the federal overtime deduction, so overtime remains fully taxable on the CA-540.

Why doesn't the federal overtime deduction always help on my California return?

The federal deduction applies to federal taxable income only. States that start from federal AGI and do not conform still tax the overtime premium. California taxes overtime as ordinary wage income under its progressive rate schedule, with a top rate of 13.3% on wage income above $1 million (13.3% is the top rate on wages; a 1% mental health surcharge applies above that but is often counted separately). California starts from federal AGI with its own adjustments and has not adopted the federal overtime deduction, so overtime remains fully taxable on the CA-540.

What federal overtime deduction applies in California?

Up to $12,500 single / $25,000 MFJ of the FLSA half-time premium, 2025–2028, phasing out at $150k/$300k MAGI. See the overtime calculator.

Is the state rate the only thing that matters?

No. State tax is computed on wages after federal AGI, so the state layer sits on top of your federal return. Local income taxes (New York City, Yonkers, Maryland counties) and state-specific addbacks can change the effective state tax on your overtime.

Sourced to California Franchise Tax Board - Tax rates, Tax Foundation: California income tax rate. Verified October 1, 2026, pending CPA sign-off.