What effect do the provisions of a collective bargaining agreement have on FLSA overtime rights?
A. Almost none. FLSA rights cannot be waived, by collective bargaining or otherwise. (Generally, employees are entitled to the benefits of the FLSA or their CBA, whichever is more favorable. However, a violation of a CBA would not itself be a violation of the FLSA and would not be enforced in an FLSA legal action.) Q. I’m a federal employee. Am I covered by the FLSA? A. Yes, with some differences. The FLSA applies to federal employees, unless some specific federal statute creates different wage rules. There are some of these (typically in Title 5). In addition, federal employees FLSA rights are regulated by OPM, whose regulations are similar but not identical to the DOL FLSA regulations. Q. Where do I get more information? A. Good question. There are few general information sources on the FLSA, and in most cases individual employees will want analysis and evaluation of their individual circumstances. The statute itself is at 29 USC 201 et seq. There are many, many Regulations, administ
Collective bargaining agreements have no affect on your rights to overtime pay under the FLSA. Your rights under the FLSA cannot be waived or diminished under a collective bargaining agreement. In fact, if your collective bargaining agreement is more favorable than the provisions of the FLSA, you would be entitled to whatever rights and benefits you are entitled to under your agreement.
Almost none. FLSA rights cannot be waived, by collective bargaining or otherwise. (Generally, employees are entitled to the benefits of the FLSA or their CBA, whichever is more favorable. However, a violation of a CBA would not itself be a violation of the FLSA and would not be enforced in an FLSA legal action.
Collective bargaining agreements have no affect on your rights to overtime pay under the FLSA. Your rights under the FLSA cannot be waived or diminished under a collective bargaining agreement. In fact, if your collective bargaining agreement is more favorable than the provisions of the FLSA, you would be entitled to whatever rights and benefits you are entitled to under your agreement. Return to Index 18. What is “Chinese Overtime”? If an employee is paid a a flat or fixed salary each workweek for hours that change from week to week, the employer may use an overtime calculation method called “fixed salary for fluctuating workweeks”. This is is also know as “Chinese overtime”. While computing overtime using this method is to the benefit of the employer, certain requirements have to be met. In order for the employer to apply the “Chinese overtime” method to calculate overtime, the employee must have a work schedule with fluctuating hours. The employee must also be a paid a fixed salary
Related Questions
- What if my contract or collective bargaining agreement has additional protections against the use of mandatory overtime?
- As an employer, can I negotiate my responsibility to complete the I-9s in a collective bargaining agreement with a union?
- What effect do the provisions of a collective bargaining agreement have on FLSA overtime rights?
