Can You Agree Not To Receive Overtime Compensation?

By Thomas McKinney

Are you an employee who would be entitled to overtime compensation?  Generally, you are entitled to overtime unless you are an executive, a professional with an advanced degree, or management.  If you do not fall into one of these categories, then you are most likely entitled to time and a half for any hours worked over 40 hours in a week.  We have seen employers request that employees agree not to receive overtime pay in return for a salary.  The law prohibits both you and the employer from waiving your right to overtime pay.  Accordingly, even if you agreed not to receive overtime pay, your employer is still required to pay you for any overtime worked.

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.