California labor laws give most employees the right to overtime pay when they work more than eight hours in a day or 40 hours in a week. Overtime pay is equal to time-and-a-half for extra hours and double pay after 12 hours in a day.
These rules apply to nonexempt workers across most industries. These laws aim to prevent overwork and ensure fair compensation, even when a worker tries to waive that right.
Employees cannot waive this right
An employee cannot legally waive their right to overtime pay. Even if a worker agrees to a deal that offers straight-time pay for extra hours, the law does not allow it. Courts do not enforce agreements that take away a worker’s right to overtime pay. This protects workers from pressure to give up their earnings or benefits.
Why someone might try to give it up
Sometimes, a worker might want to keep their job flexible or stay in good standing with a supervisor. They may think it will help them get more hours or better treatment. In other cases, an employer might offer a higher base pay in exchange for giving up overtime pay. These deals may sound appealing at first, but they break the law and leave workers unprotected.
Employers might pressure workers
A malicious employer might try to pressure or trick a worker into giving up overtime pay. This may include asking a worker to clock out early and keep working, labeling them as an independent contractor or promising future benefits in exchange for extra hours without overtime. These actions are unlawful and can hurt workers over time.