Employees can't waive the right to overtime
Unless an employee fits into one of the exemptions for salaried workers, they have to be paid overtime - even if the workers say they don't want to be receive the higher rate or sign forms to that effect.
Employee attendance past the standard 40 hours in a single week means overtime pay is required. Workers simply aren't able to consent to waive the Fair Labor Standards Act's requirement for businesses to pay time-and-a-half, according to business lawyer R. Scott Alagood.
Even if an employee is willing and volunteers without prompting to put in extra time at work, businesses still need to pay them for the time permitted to work, regardless of intent.
Additionally, the FLSA doesn't recognize concepts like companies specifying that overtime needs to be authorized prior to the work being performed or not permitting overtime work but then making employees continue to fulfill their duties past the 40-hour benchmark. Unless an employee fits into an exemption category like being a salaried administrative, executive, professional or computer repair employee, they need to be paid extra for their additional labor.
Employee management software helps businesses stay on top of tracking overtime, time off, weekly schedules and more, keeping costs down and helping to ensure compliance with the FLSA.
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