Legal Question in Employment Law in California

I own a small security company that provides security to outdoor, multi-day events. I have employees that I have hired to do the security work, and the work is available only when we have an event to do. I have employees that would really like to be able to work 12 hour shifts during these events. But, I cannot pass on the overtime expense to the event that hires us, so I don't allow my employees to work 12-hour shifts. Question is this: Is there a way to allow my employees who want to to work 12 hours and who want to waive overtime to do so? I have looked through the CA exemptions to overtime pay, and it seems the answer is no.


Asked on 4/21/10, 8:33 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Hello,

You are correct. Even if you and an employee agree in writing that the employee will not be compensated at overtime right, you will still be liable if the claim is brought, as the right to overtime pay is non-waiveable, and any such agreement will be unenfroceable and against public policy.

Thanks,

Arkady Itkin

San Francisco & Sacramento Employment Lawyer

http://www.arkadylaw.com

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Answered on 4/26/10, 8:44 pm


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