Ee wants straight time in lieu of OT...

lnelson

Hi everyone -

I have an interesting situation here. I have an ee who is requesting to be paid straight time only even when he works over 8 hrs a day or over 40 hours a week. He is offering to sign a waiver/release to this effect. I am hesitant to oblige him.

Any suggestions or thoughts on this.
Need help ASAP.

Thanks,
Lisa

POPEYE

My first response would be, "What is he smoking?" and then without more info, it sounds like it may be a situation pertaining to housing or child support. There is no way I would allow this to happen no matter how many waivers he signed.

Whatever

I wouldn't go there. There are laws about overtime and I have to yet to see one that allows an ee to opt out.

Brad Forrister

Your instincts are correct. Waivers of overtime rights aren't recognized. I figure the policymakers decided it would be too easy for employers to coerce them.

Brad Forrister
VP/Content
M. Lee Smith Publishers

HR in CA

Don't do it. Employees can't sign away their rights in this case. Your instincts are right on!

lnelson

Thanks -

I just wanted back up on my thinking it being Friday and all.

I have informed the ee that we will not be able to accomodate his request as it goes against the overtime laws of our state.

Thanks again.
Lisa

Don D

Just for the heck of it, will you please ask him why he suggested this, and let us know?

lnelson

Don D -

I am as curious as you are and have asked him what the reason for the request was so that I might in some way be able to assist in obtaining his goal.
As yet I have not gotten a response.

As soon as I know I will let you know.

Lisa x;-)

Rockie

An employee can't "sign away" legal rights. Today's benevolent employee can easily turn into tomorrow's Wage and Hour nightmare!

Shadowfax

You were being set up!