Can a CA business compel its employees to sign a form agreeing to $10 an hour wages regardless of overtime worked? 4 Answers as of January 20, 2011

Can a CA business compel its employees to sign a form agreeing to $10 an hour wages regardless of overtime worked? My work is trying to force through an agreement that all regular warehouse employees will make $10 an hour no matter how many hours they work, including overtime.

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Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
No contact the California Dept of Labor.
Answer Applies to: California
Replied: 1/20/2011
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Marcelo Dieguez
No. Simply put, this is illegal. Under California law, you cannot waive your rights to, among other things, overtime wages. You should refuse to sign this document. If you are thereafter terminated for refusing to sign such a document, contact an employment attorney immediately, as this would likely constitute a wrongful termination in violation of public policy.
Answer Applies to: California
Replied: 1/20/2011
The Pedigo Law Corporation
The Pedigo Law Corporation | Brian T. Pedigo, Esq.
Any agreement by an employee to waive overtime pay or to accept less than the statutory rate is unenforceable. Cal. Lab.C. 1194(a); see Gentry v. Sup.Ct. (Circuit City Stores, Inc.), supra, 42 C4th at 443, 455 CR3d at 781.

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Answer Applies to: California
Replied: 1/20/2011
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