You Cannot Waive Your Right to Overtime Pay

  

  

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Companies sometimes try to trick their employees into thinking that they waived their right to overtime pay.  These underhanded corporations circulate overtime waiver forms and have their employees sign them and it leaves the employees thinking that they are not entitled to overtime pay.  

These overtime waivers are not valid - not enforceable.  If you signed one of these, then you know two things: first, your employer is a slimy cheapskate. Second, you still have the right to overtime pay.

California law requires that an employee be paid all overtime compensation notwithstanding any agreement to work for a lesser wage. Consequently, such an agreement or "waiver" will not prevent an employee from recovering his overtime pay. See Labor Code Section 1194. Federal law also says that an employee cannot waive their right to overtime pay.