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.
Related Questions
- What if my contract or collective bargaining agreement has additional protections against the use of mandatory overtime?
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- What effect do the provisions of a collective bargaining agreement have on FLSA overtime rights?
