Corey Rosen
Valuing Employee Stock Today Act Exempts RSUs from Overtime Pay Calculations
Representatives Ryan Mackenzie (D-PA) and Tim Walberg (R-MI) have introduced the Valuing Employee Stock Today Act, H.R. 8660. The law would amend the Fair Labor Standards Act of 1938 (29 U.S.C. 207(e)) by adding restricted stock units to an existing exemption for “any value or income derived from employer-provided grants or rights provided pursuant to a stock option, stock appreciation right, or bona fide employee stock purchase program from the determination of an employee’s regular rate for purposes of calculating such employee’s overtime compensation.” The purpose of the exemption is to ensure that restricted stock units (RSUs) are not subject to overtime pay calculations.