Sorry to waste your time reading this, I’m sure the answers will be no. But, just in case….
As a temporary hire as a contractor to a government agency, and the rate is by the day: The typical work time is 12 to 16 hours. Work week is typically 14 day straight with no break. The shift ticket I turn in shows the number of hours I worked for that day. I am guessing there is no way I can take advantage of the tax law by labeling anything over 8 hours a day or 40 hours a week as overtime?
And the other situation is being on the clock from portal to portal (from the time I leave home till the time I return)? The agreement is payment by the hour, same rate for the entire time. I assume there is no way to take advantage of the law for hours above 8 hours per day or 40 hours per week?
To be eligible for the “no tax on overtime” law, the overtime must be earned in compliance with the Fair Labor Standards Act, which requires overtime above 40 hours a week be paid at a minimum of 1.5 times the normal rate - so your contract is not in compliance with the FLSA. That makes your overtime ineligible for the deduction.
If it did qualify, and you were getting paid time and half for your overtime, deductible portion for the “no tax on overtime” is the premium paid above your normal hourly rate (so the ‘half-time’), up to $12,500 for Single or $25,000 for MFJ, with a phase out above $150k for Single and $300k for MFJ.
I will point out that it’s not really “no” tax on overtime, since the base pay for the OT hours is still taxed - it’s only extra pay that’s received for OT hours that is exempt from Federal income tax. And FICA taxes (and state taxes, if applicable) are still charged on the entire amount. So there are still taxes owed on OT.