I had a freind ask me to put together a letter for him for the following... I was wondering if the company would still be covered with the letter?

"I have a guy who is currently working eight hours during the day as a day porter. He also works in the same building at night cleaning carpet. What I am basically looking for or want to say in a letter is that he is willing to work those many hours without claiming overtime since he is performing two different positions and will never sue the company for such situation."

No, the company wouldn't be covered by such a letter. If both shifts are worked on one workday, overtime must be paid. Overtime can't be waived by the employee or the employer.

Thank you so much. I was pretty sure that was the case.
I appreciate your comments, and replys.
Have a safe and happy New Year!

As a side note - Co. has their own OT law for employees in certain occupations: retail & service, commercial support service, food & beverage, health & medical industries. OT -- in excess of 12 hrs. per workday; 40 hrs. per workweek; 12 consecutive hrs. w/o regard to the starting or ending time of the workday, whichever calculation results in the greatest amt. of wages.

He would need to be paid OT at least over 40 hrs. per week per federal law. (if state law doesn't apply)

No letter can override/waive any OT law that is applicable to the employee.

Agreed with the other answers. Per federal DOL:

http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm

Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 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 overtime hours that are worked.

The only possible way around this is if both jobs have seperate employers. A lot of buildings contract out cleaning services. So your friend could be employed by the landlord for his day porter job and then hired by the cleaning company for the night job. This is assuming that the cleaning is contracted out to a third party.

Dave

Agreed, although this would only work if the employers are legally unrelated to each other. The related federal (FLSA) regulation is 29 CFR 791.2.

It seems, too, from the post he is working for same employer (2 different jobs) since the employer wanted him to sign a letter waiving OT.

Thank you so much for all of your reply's!