You may want to make sure that you would be entitled to overtime in the first place:
In determining whether you are supposed to get overtime for your work, a determination must be made as to whether you are exempt or non-exempt.
To be EXEMPT means you DO NOT get overtime and to be NON-EXEMPT means that you DO get overtime.
There are several different reasons a job can be exempt from overtime requirements. To be non-exempt and therefore be entitled to overtime, you must not fall into any one of these reasons:
- Professional, Executive and Administrative Employees may be exempt.
- Outside salespeople are exempt if their employment situation satisfies various tests.
- Computer related occupations are exempt if the job meets several tests.
- Highly compensated employees may be exempt.
Some examples of positions that are usually non-exempt and therefore entitled to overtime include:
- Clerks of various kinds who perform routine clerical duties,
- Security Gaurds,
- Concierge Staff,
- Salaried sales people in retail, wholesale or service establishments (like Radio Shack, Walmart and Target, as examples),
- Television newscast producers, station directors, assignment reporters and editors whose primary duty relate to the production aspect of a television station's business,
- Paralegals and legal assistants,
- Pharmacy Technicians,
- Unlicensed Engineers or Junior Drafters,
- Automobile damage appraisers employed by an insurance company.
If you are not entitled to overtime, it may be a moot point.
But if you are entitled to overtime, you cannot waive it. California law requires that an employee be paid all overtime compensation notwithstanding any agreement to work for a lesser wage. Consequently, such an agreement or "waiver" will not prevent an employee from recovering the difference between the wages paid the employee and the overtime compensation he or she is entitled to receive.
Labor Code Section 1194 - click this link and scroll down: