U.S. Congress legislation · 119th Congress
HB8868: Restoring Overtime Pay Act of 2026
Status: In committee, May 15, 2026
To amend the Fair Labor Standards Act of 1938 to establish a minimum salary threshold for bona fide executive, administrative, and professional employees exempt from Federal overtime compensation requirements, and automatically update such threshold each year, and for other purposes.
What the bill says
To amend the Fair Labor Standards Act of 1938 to establish a minimum salary threshold for bona fide executive, administrative, and professional employees exempt from Federal overtime compensation requirements, and automatically update such threshold each year, and for other purposes.
From the introduced text, May 15, 2026:
A BILL To amend the Fair Labor Standards Act of 1938 to establish a minimum salary threshold for bona fide executive, administrative, and professional employees exempt from Federal overtime compensation requirements, and automatically update such threshold each year, and for other purposes. SECTION 1. Short title This Act may be cited as the Restoring Overtime Pay Act of 2026 . SECTION 2. Minimum salary threshold for bona fide executive, administrative, and professional employees exempt from Federal overtime compensation requirements (a) In general Section 13 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213 ) is amended-- (1) in subsection (a)(1)-- (A) by inserting subsection (k) and after subject to ; and (B) by inserting (except as provided under subsection (k)(2)(C)) after Administrative Procedure Act ; and (2) by adding at the end the following: (k) Minimum salary threshold (1) In general Beginning on the effective date of the Restoring Overtime Pay Act of 2026 , the Secretary shall require that an employee described in subsection (a)(1), as a requirement for exemption under such subsection, be compensated on a salary basis, or equivalent fee basis, within the meaning of such terms in subpart G of part 541 of title 29, Code of Federal Regulations (or any successor regulation), at a rate per week that is not less than …
Sponsors
- Mark Takano (D) · primary sponsor
- Alma Adams (D, HD-012)
- Norton, Eleanor (D, HD-000)
- Rashida Tlaib (D, HD-MI-12)
- Mary Gay Scanlon (D, HD-PA-5)
- Maxwell Frost (D, HD-FL-10)
- Ilhan Omar (D, HD-005)
- Rosa DeLauro (D, HD-003)
- Lateefah Simon (D)
- Jahana Hayes (D, HD-005)
- John Mannion (D, HD-022)
- Delia Ramirez (D, HD-003)
Latest actions
- : Referred to the House Committee on Education and Workforce.
- : Introduced in House
Subjects: Labor and Employment
Common questions
- What is HB8868?
- HB8868 is a bill in Congress (119th Congress): Restoring Overtime Pay Act of 2026.
- What does HB8868 do?
- In its own words: To amend the Fair Labor Standards Act of 1938 to establish a minimum salary threshold for bona fide executive, administrative, and professional employees exempt from Federal overtime compensation requirements, and automatically update such threshold each year, and for other purposes.
- What is the status of HB8868?
- In committee as of May 15, 2026. Latest action: Referred to the House Committee on Education and Workforce. (May 15, 2026).
- Who sponsored HB8868?
- Mark Takano (D), with 11 co-sponsors.
- Where is the official record for HB8868?
- On the Congress website: https://www.congress.gov/bill/119th-congress/house-bill/8868
Source: official Congress record. Tracked by Delilah, AI for legislation across all 50 states and Congress.