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Can an Employee Waive His or Her Right to Receive Overtime Compensation?

/ 10/15/2010

The Fair Labor Standards Act requires employers to pay covered employees overtime compensation at the rate of one and one half times the employee’s regular rate of pay.  But can an employer bypass this statute by requiring an employee to waive the right to receive overtime compensation?  “No,” according to Dallas employment lawyer Keith Clouse; an employer cannot require an employee to waive his or her right to receive overtime compensation.

The FLSA’s overtime provisions apply to employees who are not exempt from its coverage.  While a few exceptions exist, in general, a non-exempt employee must receive overtime pay for all hours worked over forty in a workweek. An employer may not bypass this requirement by obtaining an employee’s signed waiver of the right to receive overtime pay.  In fact, requiring an employee to sign such a purported waiver could backfire.  Such a waiver could be used by the employee in a lawsuit for unpaid overtime compensation to prove that the employer intended to willfully violate the FLSA.

To speak to Mr. Clouse or to another Dallas employment law attorney about an overtime pay issue, please contact the Dallas employment lawyers at


Press Release Contact Information:


Clouse Dunn
Khoshbin LLP

214.220.3833 ( fax)