Ee wants straight time in lieu of OT...

lnelson · October 2004

Hi everyone -

I have an interesting situation here. I have an ee who is requesting to be paid straight time only even when he works over 8 hrs a day or over 40 hours a week. He is offering to sign a waiver/release to this effect. I am hesitant to oblige him.

Any suggestions or thoughts on this.
Need help ASAP.

Thanks,
Lisa

POPEYE · October 2004

My first response would be, "What is he smoking?" and then without more info, it sounds like it may be a situation pertaining to housing or child support. There is no way I would allow this to happen no matter how many waivers he signed.

Whatever · October 2004

I wouldn't go there. There are laws about overtime and I have to yet to see one that allows an ee to opt out.

Brad Forrister · October 2004

Your instincts are correct. Waivers of overtime rights aren't recognized. I figure the policymakers decided it would be too easy for employers to coerce them.

Brad Forrister
VP/Content
M. Lee Smith Publishers

HR in CA · October 2004

Don't do it. Employees can't sign away their rights in this case. Your instincts are right on!

lnelson · October 2004

Thanks -

I just wanted back up on my thinking it being Friday and all.

I have informed the ee that we will not be able to accomodate his request as it goes against the overtime laws of our state.

Thanks again.
Lisa

Don D · October 2004

Just for the heck of it, will you please ask him why he suggested this, and let us know?

lnelson · October 2004

Don D -

I am as curious as you are and have asked him what the reason for the request was so that I might in some way be able to assist in obtaining his goal.
As yet I have not gotten a response.

As soon as I know I will let you know.

Lisa x;-)

Rockie · October 2004

An employee can't "sign away" legal rights. Today's benevolent employee can easily turn into tomorrow's Wage and Hour nightmare!

Shadowfax · October 2004

You were being set up!

Ee wants straight time in lieu of OT...

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