New York A 8965: Subtracts from federal adjusted gross income any overtime compensation earned by an individual

Status: HELD FOR CONSIDERATION IN WAYS AND MEANS (as of 2026-06-04)

State: New York · Session: 2025-2026 · Bill: A 8965

Sponsors: Joe DeStefano, Matthew Slater, Joseph Sempolinski, Joe Angelino, Matthew Simpson, Michael Durso, Scott H. Bendett, Kenneth Blankenbush, Chris Tague, Patrick Chludzinski, Alec Brook-Krasny, John Lemondes

Bill Text

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A08965 Summary:

BILL NOA08965A

&nbsp

SAME ASSAME AS S03914-A

&nbsp

SPONSORDeStefano

&nbsp

COSPNSRSlater, Sempolinski, Angelino, Simpson, Durso, Bendett, Blankenbush, Tague, Chludzinski,
 Brook-Krasny

&nbsp

MLTSPNSR

&nbsp

Amd §612, Tax L

&nbsp

Reduces federal adjusted gross income by the amount of overtime compensation earned by an individual in certain circumstances; defines overtime compensation.

Go to top A08965 Actions:

BILL NOA08965A

&nbsp

08/13/2025referred to ways and means

01/07/2026referred to ways and means

03/25/2026amend and recommit to ways and means

03/25/2026print number 8965a

06/04/2026held for consideration in ways and means

Go to topA08965 Committee&nbspVotes:

Committee:WAYS AND MEANS Chair:Pretlow 
DATE:06/04/2026AYE/NAY:22/10 Action: Held for Consideration PretlowAyePalmesanoNay

GlickAyeFitzpatrickNay

ColtonAyeHawleyNay

CookExcusedBlankenbushNay

BenedettoAyeWalshNay

WeprinAyeDeStefanoNay

RamosAyeManktelowNay

BraunsteinAyeSmullenNay

McDonaldAyeGiglioNay

RozicAyeSlaterNay

DinowitzAye

MagnarelliAye

BronsonAye

DilanAbsent

SeawrightAye

HyndmanAye

WalkerAbsent

Bichotte HermelAye

SimonAye

CruzAye

OtisAye

SolagesAye

HunterAye

SeptimoAye

HevesiAye

Go to topA08965 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08965 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8965--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 August 13, 2025
 ___________

 Introduced by M. of A. DeSTEFANO, SLATER, SEMPOLINSKI, ANGELINO, SIMP-
 SON, DURSO, BENDETT, BLANKENBUSH, TAGUE, CHLUDZINSKI -- read once and
 referred to the Committee on Ways and Means -- recommitted to the
 Committee on Ways and Means in accordance with Assembly Rule 3, sec. 2
 -- committee discharged, bill amended, ordered reprinted as amended
 and recommitted to said committee

 AN ACT to amend the tax law, in relation to subtracting from federal
 adjusted gross income any overtime compensation earned by an individ-
 ual

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subsection (c) of section 612 of the tax law is amended by
 2 adding a new paragraph 48 to read as follows:
 3 (48) Any overtime compensation received by an individual, to the
 4 extent includible in gross income for federal income tax purposes. For
 5 purposes of this paragraph, "overtime compensation" shall mean wages
 6 earned for time an individual worked beyond such individual's normal
 7 scheduled working hours. Provided, however, that for the purposes of
 8 qualified overtime compensation as defined in section 225 (c) of the
 9 Internal Revenue Code it shall include any compensation paid to an indi-
 10 vidual that is in excess of the regular rate at which such individual is
 11 employed if (i) such compensation is paid for work for a single employer
 12 pursuant to an agreement between the employee (or labor organization
 13 representing such employee) and employer entered into before the
 14 performance of the work, and (ii) either such work is in excess of a
 15 standard number of hours of such work for a specified period of time and
 16 such agreement specifies that such standard number of hours for a speci-
 17 fied time is not less than forty hours for a seven day period, or, if
 18 the employee (including any crewmember or flight crewmember or rail
 19 operating craft employee) and employer referred to in subparagraph (i)
 20 of this paragraph are both covered by the Railway Labor Act, such work

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07557-03-6

 A. 8965--A 2

 1 is beyond scheduled or anticipated hours on duty that exceed a maximum
 2 number of hours with respect to a specified period of time (as deter-
 3 mined pursuant to such agreement).
 4 § 2. This act shall take effect immediately and shall apply to taxable
 5 years beginning on and after January 1, 2026.

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