Overtime Pay: Can Employees Waive it with a Signed Letter?
March 22, 2023
Many employees may wonder if they can give up their right to receive overtime pay, but the answer is no. According to the federal Fair Labor Standards Act (FLSA), an employee’s right to overtime pay (and minimum wage) cannot be waived in almost all situations. This means that even if an employee wants to waive this right, they cannot do so. The only exception is when the work performed by an employee qualifies for an exemption under federal (and state) law and meets any additional criteria or tests for the exemption. It’s important for employers to understand these regulations to ensure they are providing fair compensation to their employees.
This Q&A does not constitute legal advice and does not address state or local law.