Can an employee be paid a fixed salary for a work week exceeding 40 hours?
NO. A fixed salary for a regular work week longer than 40 hours does not discharge FLSA statutory obligations. For example, an employee may be hired to work a 45 hour work week for a weekly salary of $300. In this instance the regular rate is obtained by dividing the $300 straight-time salary by 45 hours, resulting in a regular rate of $6.67. The employee is then due additional overtime computed by multiplying the 5 overtime hours by one-half the regular rate of pay ($3.335 x 5 = $16.68). 9. Can an employee waive the right to overtime pay? NO. The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only eight 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 o
