No Overtime after 40 hours for hourly employee?

[zambeck]

What is the name of your state? Hawaii

My employer wants me to sign a contact that states that I agree to straight time pay after 40 hours worked. I am an hourly employee - not salary, is this legal? Can he avoid paying me overtime if I sign this contract?

 

[CraigFL]

It would depend on if you are an "exempt" or "non-exempt" employee, not the way they pay you...

 

[fairisfair]

It would depend on if you are an "exempt" or "non-exempt" employee, not the way they pay you...

If he was exempt he wouldn't be paid for the hours over 40 at all. Straight time, or overtime pay.

OP what kind of job is this?

 

[fairisfair]

http://hawaii.gov/labor/wsd/overtime.shtml

you can find more information here.

 

[CheeseBlotto]

If he was exempt he wouldn't be paid for the hours over 40 at all. Straight time, or overtime pay.

I know of companies who pay their exempt employees overtime. It's rare, but they exist.

 

[fairisfair]

I know of companies who pay their exempt employees overtime. It's rare, but they exist.

Please send me a list. I would like to apply

 

[CraigFL]

I worked for three different companies that paid exempt people overtime. One paid straight time, one paid time and a half and one paid 7% of your gross monthly salary for each 8 hour OT period. I've also worked for other places that didn't pay OT at all.

So... If OP is exempt, the agreement is just an understanding between the two. If the OP is not exempt, the agreemant can't change the existing law.

 

[zambeck]

Position is not exempt

This is an administrative position, but not an exempt one (I don't have any control over hiring or firing anyone and I don't oversee two or more employees). I process the billing for a doctor. He considers me his office manager but I don't manage the other employees.

So, can an employer have an employee sign a contract saying they agree to accept straight time for all hours worked to avoid the overtime law?

 

[cbg]

No, he can't. Or, more accurately, he can but it won't be enforceable. You can't sign away your right to overtime pay.

Contact the state DOL.