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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5685
Experience:  Exclusively practice labor and employment law.
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I'm trying to figure something out. If I worked for HR of a

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Hello. I'm trying to figure something out. If I worked for HR of a company, as an Executive, and I work 50 hrs a week, am I legally obligated to pay myself overtime even if I dont want it?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Is the employment agreement "at will," union, full time or part time?
Customer: At Will, though it requires full time work.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Also wondering if I fit within exempt pay range currently and could simply do salary to avoid this.
Customer: replied 6 months ago.
At 20/hr. And work an avarrage of 50/hrs a week.

Are you being paid by the hour or are you being paid salary?

I see -

am I legally obligated to pay myself overtime even if I don't want it? - Yes, otherwise the employer is breaking the law and subject to a DOL audit they will be penalized in pay and penalties.

You could go on salary and that would remedy the problem.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). Thank you, ***** ***** wish you all the best with this matter.

John and 4 other Employment Law Specialists are ready to help you
Customer: replied 6 months ago.
Currently, hourly.

Yes, so if you are paid hourly, you must get overtime for hours in excess of 40 per workweek. You cannot voluntarily deny those. Only via a settlement approved by a judge or department of labor could you make any agreement on matters of the Fair Labor Standards Act. Going salary would fix this problem as you are an executive under the law. You'd have to be paid currently at least $455 per workweek. The recent DOL amendment to require $48,000 a year salary was enjoined by a federal court and probably will not be sought by the Trump administration...so it's not as if they'd have to pay you really any more than you are already earning as an hourly employee.