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Employment Law/Signing waiver of overtime


I work as a supervisor in Florida with about 30 employees within my purview. My counterpart is transferring to another office, so I will be left in charge of all of their payrolls. We use a fingerprint system where the employees clock in and out when they come in, for lunch, and when they leave. There was a huge issue recently with the payroll as almost all of the employees get to work early, about half of them get to work over half an hour early. None of them work once they arrive as they go to our break room to converse with each other and watch TV. However, they all clock in when they walk through the door before going to the break room.  I want to prevent any future overtime suits since I know the burden will fall on us to prove that they, in fact, did not work during those hours. We do pay overtime if they stay late, but the time in which they arrived early is not paid out since they didn't work. I print out their time sheets every two weeks right after the payroll is dispersed into their bank accounts. Can I make them sign a retroactive waiver of overtime on the same time sheet to protect us from future suits, or if not, on a separate sheet? How can I do it for future time sheets? Will one waiver suffice for all future paychecks or will they have to resign waivers every time there's a new pay period? I'm trying to do things by the book, so any help you can afford me would be greatly appreciated.

The employee cannot waiver overtime. This issue must be dealt with as a personnel issue. You need to stree to the employees that they must be ready to start work before they check in. If they are going to the break room do it first, than go and check in when they are ready to work.

This is the reason we now have our check in through the computer sign on . The employee checks in when they sign onto their computer.

What I used to do is check their time and if they had extra time mid week or toward the end I either had them come in late the next day, gave them a longer lunch period or sent them home early.  That pretty much stopped the overtime.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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