Can my small business owner make me sign a contract waiving my overtime all together? He is expecting me to work 10 hr shifts not payed time and a half for the extra 2 hrs worked of overtime. I live in california.


4 answers  |  asked Oct 28, 2015 12:30 PM [EST]  |  applies to California

Answers (4)

Branigan Robertson
Not at all. Employers are prohibited from doing this. In certain situations the employer can implement a lawful alternative work schedule (think nurses who work long shifts) but these are rare. Marilynn answers your question squarely.

posted by Branigan Robertson  |  Nov 2, 2015 07:21 AM [EST]
Marilynn Mika Spencer
Absolutely not. It is a CRIME for your employer to do so. Labor Code section 206.5. states:

“(a) An employer shall not require the execution of a release of a claim or right on account of wages due, or to become due, or made as an advance on wages to be earned, unless payment of those wages has been made. A release required or executed in violation of the provisions of this section shall be null and void as between the employer and the employee. Violation of this section by the employer is a misdemeanor.

”(b) For purposes of this section, “execution of a release” includes requiring an employee, as a condition of being paid, to execute a statement of the hours he or she worked during a pay period which the employer knows to be false.“

You should know that if you protest your employer's illegal plan and your employer fires you or retaliates against you in any other way, that is also illegal.

Sounds like your employer plays fast and loose with the law. I hope you start looking for another job right away because this employer cannot possibly last for very long.

posted by Marilynn Mika Spencer  |  Oct 28, 2015 6:10 PM [EST]
George Allen
You cannot be forced to waive the right to overtime.

posted by George Allen  |  Oct 28, 2015 1:00 PM [EST]
Aryeh Leichter
Such an agreement is likely unenforceable.

posted by Aryeh Leichter  |  Oct 28, 2015 12:43 PM [EST]

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