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The Fair Labor Standards Act (FLSA) ensures that employees are paid fairly for their work, including receiving overtime compensation for hours worked beyond the standard 40-hour workweek. However, the application of FLSA overtime laws can be complex, especially when it comes to employees covered by a collective bargaining agreement.

A collective bargaining agreement, or CBA, is a legally binding agreement between an employer and a union that outlines the terms and conditions of employment for the unionized employees. This agreement may include provisions related to overtime pay that differ from the requirements outlined in the FLSA.

When it comes to FLSA overtime pay, an employee covered by a CBA may receive different rates of pay for overtime hours worked, or may not be eligible for overtime pay at all. In such cases, the CBA takes precedence over the FLSA.

However, it is important to note that a CBA cannot completely waive an employee`s right to receive overtime pay under the FLSA. The agreement may provide for a lower overtime rate than the FLSA minimum, but it cannot eliminate the requirement altogether. If the CBA does not meet the FLSA requirement, the employer may still be liable for unpaid overtime wages.

To avoid any confusion or potential legal issues, it is important for employers to carefully review their CBAs and ensure they comply with both the CBA and FLSA requirements related to overtime pay. It is also crucial for employees covered by a CBA to fully understand their rights and entitlements under both agreements.

In conclusion, while a collective bargaining agreement may modify the way overtime pay is calculated or paid, it cannot completely eliminate an employee`s right to receive overtime pay. Employers and employees must be knowledgeable about the provisions of their CBA and the FLSA to ensure they are in compliance with both agreements.

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