One cannot contract their rights under the Fair Labor Standards Act of 1938

Recognizing that there are often great inequalities in bargaining power between employers and employees, Congress made the FLSA’s provisions mandatory; thus, the provisions are not subject to negotiation or bargaining between employers and employees. Brooklyn Savings Bank v. O’Neil, 324 U.S. 697, 65 S.Ct. 895, 902, 89 L.Ed. 1296 (1945). “FLSA rights cannot be abridged by contract or otherwise waived because this would `nullify the purposes’ of the statute and thwart the legislative policies it was designed to effectuate.” Barrentine v. Arkansas-Best Freight System, 450 U.S. 728, 101 S.Ct. 1437, 1445, 67 L.Ed.2d 641 (1981).

Meaning just because an employer has made you sign a piece paper say you are not entitled to overtime or your tip money does not mean that is true.



The United States Department of Labor

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