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No, under the Fair Labor Standards Act (FLSA), employees cannot legally waive their right to receive overtime pay.

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AnswerBot

5mo ago

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Yes. Overtime is not an employee right, it is a penalty on employers they are smart to avoid.


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No, overtime rules should equally apply to all employees with the same employee status.


Can a California employee waive right to overtime?

No. This is a non-waivable statutory right. An employer can't require you to waive. The only issue is whether you are an exempt or non-exempt employee. Exemptions depend on the nature of your work, not how you are paid or how an employer chooses to classify you or what title you have. Thus, it is the law that determines whether your are exempt or not from the right to be paid overtime, in the context of your job duties, as they are actually performed. If an employer does not pay you overtime, or pays you on a salary basis, or has you sign a document waiving overtime pay, none of those things will govern whether or not you are exempt from overtime premium pay. In fact, requiring an employee to sign something waiving overtime pay is likely illegal and, if you are not properly an exempt employee, an unenforceable document.George L. de la FlorLAW OFFICES OF GEORGE L. DE LA FLOR, APC8355 La Mesa Blvd.La Mesa, CA 91941(619) 698-2926Fax: (619) 698-7540


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As a salaried employee who has researched sad to say there is no limit to the amount of overtime hours that can be worked in a week without overtime pay. This is a matter that is left entirely to be decided between the employer and the employee. However, an employee has the right to refuse to work overtime if they choose to.


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Is overtime optional?

That depends on the company. Some companies don't allow overtime, while others require employees to work overtime on a regular basis. Hourly paid employees, especially fast food workers, clerks, and cashiers are usually not allowed to work overtime because the companies don't want to pay the extra money. Salaried employees (those that make a set monthly or yearly amount no matter how many hours they work) are often required to work overtime, with no extra pay for it. As far as the law goes, no, overtime is not optional. Your employer has the right to keep you at work passed 8 hours if they chose to. If you have a union, your collective agreement often contains a clause that makes overtime optional.


Does an employee have the right to another employee time sheet?

NO, they do not.