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At a job in Minnesota, we were paid a "production bonus" for working over 40 hours / week. Bosses were extremely clear about never calling it overtime, because they legally couldn't.

The reason? We salaried, not hourly employees, and overtime is a legally regulated thing for hourly employees. Of course, we were paid the equivalent of our hourly rate, not hourly + half, which might have had something to do with it, but working over 40 was always optional, so noone complained.

I'm not a lawyer, but that's what we were told at least.




In California you can't voluntarily waive overtime if you're entitled to it. And whether you're entitled to it is a question of fact that can't be changed by calling it something different. California law is very clear that you can't contract your way around public policy.




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