United States 119th Congress Status: In Committee 28 D cosponsors

HR 8868 — Restoring Overtime Pay Act of 2026

Last action — Referred to the House Committee on Education and Workforce.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the House. Introduced May 15, 2026. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Stalled 26% · moderate confidence

  • In Committee

    Current position in the legislative process.

  • 28 sponsors

    1 primary, 27 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (28 D).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

The bill establishes and updates a minimum salary threshold for exempt employees under federal overtime laws.

The Restoring Overtime Pay Act of 2026 sets a minimum salary threshold for certain employees exempt from federal overtime pay. This threshold will be updated annually based on national salary data.

What this means for you
  • Workers: This bill could lead to higher salary requirements for exempt workers, potentially impacting their overtime pay eligibility.

Bill Text

How this bill changes current law

9 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill establishes a minimum salary threshold for exempt employees and modifies the definitions related to nonexempt duties.

  • 29 U.S.C. 213(a)(1)

    of a retail or service establishment shall not → shall

    The bill removes the limitation for certain exemptions regarding the number of hours worked in retail or service establishments.

  • 29 U.S.C. 213(a)(1)

    because of

    The bill simplifies the language, removing unnecessary wording following 'because of.'

  • 29 U.S.C. 213(a)(1)

    less than 40 → not less than 20

    The bill lowers the percentage of time spent on activities not directly related to executive or administrative duties from 40% to 20% for exemption eligibility.

  • 29 U.S.C. 213(a)(1)

    such activities → activities not directly or closely related to the performance of executive or administrative activities

    The bill clarifies what constitutes nonexempt activities, specifying they must not be closely related to executive or administrative duties.

  • 29 U.S.C. 213

    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) be compensated on a salary basis at a rate per week that is not less than the weekly rate of the applicable annualized salary threshold.

    The bill mandates a specified minimum salary threshold for exempt employees.

  • 29 U.S.C. 213

    Subject to subparagraphs (B) and (C), the applicable annualized salary threshold shall be $45,000, beginning on the effective date of the Restoring Overtime Pay Act of 2026;

    The bill establishes a baseline salary threshold of $45,000 for exempt employees.

  • 29 U.S.C. 213

    beginning on January 1, 2030, an annualized amount that is equal to the rate of the 55th percentile of weekly earnings of full-time salaried workers nationally,

    The bill sets a process for future salary threshold adjustments based on national earnings data.

  • 5 U.S.C. 553

    The Secretary may establish, through notice and comment rulemaking under section 553 of title 5, United States Code, a salary threshold that is a rate that is greater than the applicable annualized salary threshold under subparagraph (A);

    The bill allows the Secretary to set a higher salary threshold via rulemaking if deemed necessary.

  • 29 U.S.C. 213

    Not later than 60 days before a revised salary threshold under this paragraph takes effect, the Secretary shall publish a notice announcing the amount in the Federal Register and on the internet website of the Department of Labor.

    The bill adds a requirement for public notice before the salary threshold changes take effect.

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the House Committee on Education and Workforce.

Sponsors

Sponsorship breakdown

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1 sponsors · 27 co-sponsors · 519 not signed on

Sponsors (1)

Co-sponsors (27)

Not signed on (519)

519 members have not signed on to this bill.

Show all 519 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

labor
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Frequently asked questions

Who sponsors HR 8868?
HR 8868 is sponsored by Adams, Alma S. (Democratic), Norton, Eleanor Holmes (Democratic), Tlaib, Rashida (Democratic), Scanlon, Mary Gay (Democratic), Frost, Maxwell (Democratic), Omar, Ilhan (Democratic), DeLauro, Rosa L. (Democratic), Simon, Lateefah (Democratic), Hayes, Jahana (Democratic), Mannion, John W. (Democratic), Ramirez, Delia C. (Democratic), Schakowsky, Janice D. (Democratic), Deluzio, Christopher R. (Democratic), Lee, Summer L. (Democratic), Horsford, Steven (Democratic), Dingell, Debbie (Democratic), Jayapal, Pramila (Democratic), García, Jesús G. "Chuy" (Democratic), Thanedar, Shri (Democratic), McBride, Sarah (Democratic), Casar, Greg (Democratic), Evans, Dwight (Democratic), Rivas, Luz M. (Democratic), Randall, Emily (Democratic), Jackson, Jonathan L. (Democratic), Foushee, Valerie P. (Democratic), Waters, Maxine (Democratic), and Takano, Mark (Democratic).
What is the current status of HR 8868?
This bill is in committee in the House. Introduced May 15, 2026. It must pass committee before a floor vote.
Where can I track HR 8868?
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