My boss has told me that the employment agreement I signed with the company specifically says that I have waived any rights to overtime by accepting employment. Is that legal?
By Deskin Law Firm
Overtime protections are not waivable and may not be abridged by contract, including collective bargaining contracts. The existence of a written agreement purporting to establish an independent contractor relationship is not determinative. You must look behind any such agreement in order to examine the facts that characterize the parties actual relationship and make their determination as to employment status based upon their analysis of such facts and application of the appropriate law.