Overtime waiver 2025

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An employer is required to pay an employee who works overtime regardless of whether the employee received permission to perform the work. ing to 785.11opens in a new tab of the Fair Labor Standards Act (FLSA) regulations, Work not requested but suffered or permitted is work time.
Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance.
Under both California state law and federal law, it is illegal for your employer to ask you to waive your overtime pay.
A salaried employee must be paid overtime unless they meet the test for exempt status as defined by federal and state laws, or unless they are specifically exempted from overtime by the provisions of the California Labor Code or one of the Industrial Welfare Commission Wage Orders regulating wages, hours and working
How Do Employers Avoid Paying Overtime? Employers attempt to avoid paying their workers overtime in a variety of ways, including but not limited to: Classifying them as exempt employees or independent contractors. Neither exempt employees nor independent contractors are entitled to be paid overtime.

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An exemption means that the overtime law does not apply to a particular classification of employees. There are also a number of exceptions to the general overtime law stated above. An exception means that overtime is paid to a certain classification of employees on a basis that differs from that stated above.
Yes. ing to California Department of Industrial Relations Guidelines on Overtime, an employer can decide when an employee should work and for how long, including overtime requirements.

employee overtime required