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Can I Waive Overtime Pay From my Employer?

Your pay check should be proportional to the hours you work.  That is a generally accepted practice across the globe. After all, everyone wants to be adequately and proportionally compensated for their work. However, this doesn’t prevent the existence of an arrangement for an employee to work beyond what he gets on his pay check as long as there would be another pay check for the extra work done. But then, can an employee waive an extra pay for an extra work? The answer to this would be unraveled in this post in a bit.

What is Overtime Pay?

Overtime pay is one and one-half times the regular hourly rate received, and is due an employee after 40 hours of work in a workweek. Special exceptions apply with respect to certain professions and positions, such as police officers, managers, and hospital and nursing home employees.   Also, Federal law requires you make at least $7.25 per hour.  In some cases, states have increased minimum wage.

Who Can Receive Overtime Pay?

It is important to know that not all employees are eligible to receive overtime pay. Under the Fair Labor Standards Act (FLSA), employees are classified into: Exempt and nonexempt employees. Exempt employees are salaried and do not receive any overtime pay. Employees who fall in this category are those whose job responsibilities must meet strict standards, including management or professional work.

On the other end, employees that are classified as nonexempt are those who are not under salary employment, and they are subject to the Fair Labor Standards Act and are eligible for overtime pay. Overtime pay begins when an employee works more than 40 hours in one week.

Can You Waive Your Right to Overtime Pay?

The simple and straightforward answer to this is no. Waiving overtime pay is prohibited under both the federal and state law. in fact, the Department of Labor and Industrial Relations states that employees are not allowed to waive their right to overtime pay. A request or order for you to give up your overtime pay which you are eligible for should raise a red flag, and make you question such immediately.  You could file a complaint to do this, or you could call the Department of Labor.

No matter how generous an employee can be to his or her employer, it is unlawful to waive overtime pay.  Even if you agree to waive overtime verbally or in writing, you are still owed overtime.  Sadly, violation of overtime pay is on the rise. While some employees who experience these violations are afraid to do something about it, others do not realize that their employer is breaking the law.

An Employment Lawyer can help guide you through the process if you are owed overtime pay.  Whether it’s answering your questions about the process, or going through your pay records to evaluate the money you are owed.   You can contact us below to begin the process, or to ask questions.

 

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