Forfeiting Overtime Pay
As an employee, can I waive my right to compensation for overtime?
No! Under California law, an employee must be paid for all overtime despite any agreement an employee may have had with an employer to work for a lesser wage. In fact, any “waiver” cannot stop an employee who wants to recover overtime wages. If an employer has an agreement with an employee to forego overtime wages, under California law, the employer is still required to pay overtime despite any agreement or “waiver.”
Joe and his employer had an agreement that Joe would waive his right to overtime pay. Under California law, even if Joe and his employer had this agreement, Joe is still entitled to receive overtime pay. In CA, employees must be paid for all overtime worked. If Joe is not paid for his overtime, he may file an overtime wage claim in California.