Can I write a legal waiver stating that I do not want time and a half for over 40 hours of pay?

UPDATED: Sep 30, 2022

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Can I write a legal waiver stating that I do not want time and a half for over 40 hours of pay?

I work 15.5 hours in an adult technical night program, the same vocational high school hired me 32.5 hours to work during the day. The director in the night program states that they will have to pay me time and a half as I will be over 40 hours by 9 hours. I am not looking for time-and-a-half I just need my 2 jobs. Is it legal to write a waiver stating this?

Asked on August 15, 2017 under Employment Labor Law, Massachusetts


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, an employee may not waive their right to be compensated for overtime hours worked or agree to a lower overtime rate than that required by law (under the Fair Labor Standards Act - FLSA).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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