California Employment Law
California Employment Law Questions Answered by Legal Experts
Hi Annosheh, unfortunately no, you cannot have a person sign a waiver of overtime pay. This would not be legal. However, you could make a person an exempt employee.
If they are an exempt employee then you would not have to pay them overtime.
More about the law concerning paying an employee overtime can be found here:
In order to actually be exempt, however, they need to fall under one of the exempt categories. More about this can be found here:
In the contract, you could have a special provision stating something like "Employee understands that at all times they is employed as a salaried/exempt employee and, therefore, he/she is not entitled to overtime wages. Employee shall not receive overtime compensation for the services performed under this Agreement, unless specifically agreed to in writing."
But in order to have that be enforceable, they need to fall under one of the categories I mentioned above.
If they fall under one of the categories, however, and you treat them as an exempt salaried employee, then you would be able to do this.
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Have a wonderful rest of your day.
Thank you for your response. We do not have any contracts with our employees. we have a paleontologist on our staff who works for us as an Specialty environmental monitor as an hourly employee. We categorize them as professional employees who are exempt under the CA labor law in our employee handbook but it seems that it is such a gray area that they can actually challenge us later for one and half overtime pay. What other precautions can we take to protect ourselves from such employees?
thank you very much.
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