overtime payment

[James2011]

Is this legal?

Getting a sign from employee that he/she agrees to be paid same hourly rate for the hours over 40 hours per week, without mutiplying 1.5?
and pay him/her for example 45Hour x $8/H ( not (($40x$8) + (4 x $8x1.5)))?

[MrMachine]

Is this legal?

Getting a sign from employee that he/she agrees to be paid same hourly rate for the hours over 40 hours per week, without mutiplying 1.5?
and pay him/her for example 45Hour x $8/H ( not (($40x$8) + (4 x $8x1.5)))?

My guess is that it's not legal, even if he/she signs a statement agreeing to it. State law usually trumps these things, but you should check with your state.
Why not just hire another employee?

[CanCanCase]

Not legal in any state I've employed folks in, but every state is different. From this recent string of employer/employee-related questions, you really need to pay a visit to your local Department of Labor office... they've almost always got an "employers handbook" available that directly addresses all of these FAQs. Heck, it might even be available online depending on your state's IT/computer budget...

I see 2 options if you don't want to pay OT rates: hire another employee, or very CLEARLY define the job function and requirements for this 45-hour employee and put them on salary... If you go the salary route, however, be prepared for the employee finishing the required tasks in LESS than 40 hours, while you still pay the agreed amount... good for management types who might need to work flexible hours, but if the salaried employee ends up working more than 40 hours, OT adjustment payments are still usually required.

-Case

[Adamski]

Paul,

You're correct. No one can sign a contract (agreement) to do anything that goes against statutory law. If two people sign such a contract, the contract is not legal or binding. In other words - it's worthless. This is so people cannot simply write their own laws. Otherwise, you and I could sign a contract agreeing that from now on, we will drive on the left side of the road. Imagine the chaos that would ensue.

If state law says that you must pay your employee time and a half for all hours over 40 worked in a single week; then that's what you must do. There is no way around it. Let's say you pay every 2 weeks (like I do). That does not allow you to pay straight time for the first 80 hours and then overtime after that. You must still keep track of each week in the pay period individually and pay overtime for any hours over 40 in any 1 week.