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I don't want overtime pay Michigan

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  • I don't want overtime pay Michigan

    Hello. I work as a preparatory cook. The restaurant owners make us leave if we hit 40 hours; they don't like paying overtime (though they do if they have to). I simply want to work more hours--I need money. Is there a way around the law stating that employees cannot work over 40 hours a week without receiving overtime? What if I clock out as a preparatory cook, when I hit 40 hours, and clock back in under a different title, like, say, a dishwasher? Or is there some paper work I could fill out to sign away my overtime at this particular job?

  • #2
    No. .............

    http://www.dol.gov/whd/regs/compliance/whdfs23.pdf

    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.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      If your employer only wants you to work 40 hrs., then that is what you work.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        There is no possible way for you to work more than 40 hours without your employer being liable for overtime pay. Doesn't matter what title you log in under; doesn't matter what papers you complete; doesn't matter what you say or do. If you are non-exempt (and you are) if you work more than 40 hours in a week for the same employer, you MUST be paid overtime. And if the employer doesn't want to pay overtime, he doesn't have to schedule you for over 40 hours.

        The only solution to your problem is to find a second job with a different employer. Then you can work 40 hours for the first employer and 40 hours or less for the second employer and no one will have to pay overtime.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Originally posted by jfeen View Post
          Hello. I work as a preparatory cook. The restaurant owners make us leave if we hit 40 hours; they don't like paying overtime (though they do if they have to). I simply want to work more hours--I need money. Is there a way around the law stating that employees cannot work over 40 hours a week without receiving overtime? What if I clock out as a preparatory cook, when I hit 40 hours, and clock back in under a different title, like, say, a dishwasher? Or is there some paper work I could fill out to sign away my overtime at this particular job?
          Sorry but no. Wage and hour laws don't even provide an employee with the option of asking for an exception to the OT requirement. No matter what job you'd perform after hitting 40 hours as a prep cook, they have to pay you OT.

          Your options are to pick up a second job working part-time elsewhere for the additional income you need or look for a higher paying full-time job.

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