We have a non-exempt employee who frequently works 50 or more hours per week. She is adamant that she only wants to be paid for 40 hours of work, and is waiving any right to overtime pay. Is this legal?
The overtime requirement may not be waived by agreement between an employer and employee. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked.