H.R. 8868

Restoring Overtime Pay Act of 2026

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Sec. 3. Nonexempt duties limit for bona fide executive, administrative, or professional employees

Section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213), as amended in section 2(a)(1), is further amended—

(1) by striking of a retail or service establishment shall not and inserting shall;

(2) by striking because of and all that follows through administrative activities,;

(3) by striking less than 40 and inserting not less than 20; and

(4) by striking such activities and inserting activities not directly or closely related to the performance of executive or administrative activities.