Overtime Myth: Employees May Waive Their Right to Overtime

Myth 8: Employees May Waive Their Right to Overtime as Long as It Is in Writing

Welcome back to the newest post in the blog series: 11 Employee Overtime Myths. To help you navigate employee overtime classification, we broke one of our most popular whitepapers down into an easily digestible series. The regulatory environment of employee overtime is very complicated, and often confusing. The content from this series comes from the ComplianceHR whitepaper Overtime Myths. If you would like to receive an email alert for each blog post in this series, please submit this brief form.

Overtime Myth 8: Employees May Waive Their Right to Overtime as Long as It Is in Writing

Reality:

Overtime pay is based on actual time worked by non-exempt employees in excess of 40 hours. Employers cannot avoid paying overtime by making a policy or signing a waiver agreement with workers. If a non-exempt employee works more than 40 hours despite any policy, agreement, or announcement to the contrary, the employer must pay overtime.

The bottom-line is that employers may not craft an agreement with employees to waive their right to overtime. If they do not satisfy the tests for exemption, they must be classified as non-exempt and paid overtime whenever they work more than 40 hours in a work week.

How can I read the rest of the 11 Employee Overtime Myths?

Sign up to receive the email alert when a new employee overtime myth is published. Alternatively, you can check back in to the Resources section of our website weekly, or download the Overtime Myths whitepaper.

Share this article on LinkedIn
LinkedIn Icon


About ComplianceHR

ComplianceHR offers the only on-demand, intelligent suite of compliance applications. We focus on helping companies address the ever-changing federal and state employment law requirements. Our solutions cover many common HR topics, such as employee handbooks, minimum wage, overtime, independent contracting, and more.

We provide employers of all industries, sizes, and locations with solutions that empower employers to handle complex compliance issues. Markedly, our solutions take less time, cost, and complexity than traditional methods. The Navigator Suite both simplifies employment law compliance and helps you streamline your compliance workflow in only a few simple clicks.

Not a ComplianceHR client? You can sign up for a quick intro call and product demo with one of our compliance experts. Afterward, you may be eligible for a free trial to explore the Navigator Suite applications. See for yourself how they can transform your organization’s compliance practices. Sign up for a demo today.


Disclaimer

This blog and the associated whitepaper are should serve as a starting point for educating Human Resources and Legal professionals on certain aspects of legal obligations of employers. It is not a comprehensive resource or a complete explanation of requirements. It offers practical information concerning the subject matter and is provided with the understanding that ComplianceHR is not rendering legal or tax advice, or other professional services. The contents are for general informational purposes only. We urge you to consult your attorney concerning any particular situation and any specific legal questions you may have.