Can an Employee Waive Her Right to Overtime Pay?
No, you cannot waive your right to overtime pay. But, some companies are so slimy that they have their employees sign bogus overtime waivers. It is a trick. These agreements are not valid – not enforceable – trash. If you signed one of these, then you know two things: first, your employer is a slimy cheapskate. Second, you still have the right to overtime pay.
California law requires that an employee be paid all overtime compensation notwithstanding any agreement to work for a lesser wage. Consequently, such an agreement or "waiver" will not prevent an employee from recovering his overtime pay. See Labor Code Section 1194. Federal law also says that an employee cannot her right to overtime pay.
