Legal Question in Employment Law in California
Correction of company policy in violation of overtime regulations
Company hiring policy requires plant workers to a 10 hour 4-day week. Certain non-plant workers are on a 9 hour 4-day plus 4 hour 1-day week. Overtime is paid to non-exempt employees for hours work in excess of 40 in a given week. There is no written agreement between the company and its employees for this rrangement, although there may be a general reference to this system in an employee handbook.
What steps can the company take to mitigate and/or eliminate the apparent liability for not conforming the the 1/1/2000 changes in CA overtime rules?
Would it be implicitly coercive to have employees sign a letter waiving any claim to prior overtime?
1 Answer from Attorneys
Re: Correction of company policy in violation of overtime regulations
Yes! Employees cannot be requested to waive overtime premiums. See an employment lawyer immediately, to get in compliance with the law.