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?


Asked on 4/25/01, 2:52 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

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.

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Answered on 6/16/01, 9:33 pm


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