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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 Flor
LAW OFFICES OF GEORGE L. DE LA FLOR, APC
8355 La Mesa Blvd.
La Mesa, CA 91941
(619) 698-2926
Fax: (619) 698-7540
What else can I help you with?
Can an employee legally waive their right to receive overtime pay?
No, under the Fair Labor Standards Act (FLSA), employees cannot legally waive their right to receive overtime pay.
Is it possible for me to waive my second lunch break in California?
Yes, it is possible for employees in California to waive their second lunch break if they work a shift of less than 12 hours. However, this waiver must be mutually agreed upon by both the employer and the employee.
Can you waive your right to minimum wage?
No. Non-exempt employees must be paid minimum wage for each hour worked, plus overtime premiums.
Can an employee request to waive their meal period?
Yes, an employee can request to waive their meal period, but it is subject to approval by their employer and must comply with labor laws and regulations.
Can an employee request to waive their meal period during their shift?
Yes, an employee can request to waive their meal period during their shift, but it is subject to employer approval and compliance with labor laws.
Who can waive the privilege?
The person with the right to the particular privilege is also the one with the right to waive it.
Can you give me a sentence to a word waive?
The prisoner decided to waive his right to a trial.
Are you supposed to waive your right to access this recommendation?
Yes, you may be asked to waive your right to access a recommendation in order to ensure the confidentiality and honesty of the recommendation.
What does waive mean?
Well according to the OED the word waive means refraining or insisting on or applying ( a right or claim).
What are the key components of a meal period waiver agreement?
A meal period waiver agreement typically includes the employee's voluntary agreement to waive their right to take a meal break, the employer's acknowledgment of this waiver, and the conditions under which the waiver is valid, such as the employee's ability to revoke it at any time.
Did you waive your right for recommendation letters?
Yes, I waived my right to see recommendation letters.
Can a tenat waive subrogation in its liability policy in new york without out first getting the consent of his insurance company?
The short answer is NO, I doubt that they could, it is not their right to waive.
