C.F.R. » Title 29 » CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER A—REGULATIONS › PART 541—DEFINING AND DELIMITING THE EXEMPTIONS FOR EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, COMPUTER AND OUTSIDE SALES EMPLOYEES › Subpart A—General Regulations

29 C.F.R. § 541.4

Other laws and collective bargaining agreements

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The Fair Labor Standards Act provides minimum standards that may be exceeded, but cannot be waived or reduced. Employers must comply, for example, with any Federal, State or municipal laws, regulations or ordinances establishing a higher minimum wage or lower maximum workweek than those established under the Act. Similarly, employers, on their own initiative or under a collective bargaining agreement with a labor union, are not precluded by the Act from providing a wage higher than the statutory minimum, a shorter workweek than the statutory maximum, or a higher overtime premium (double time, for example) than provided by the Act. While collective bargaining agreements cannot waive or reduce the Act's protections, nothing in the Act or the regulations in this part relieves employers from their contractual obligations under collective bargaining agreements.

Notes of Decisions
Cited in 9 cases (5 in the last 5 years), 2010–2026 · leading case: Gilb v. Chiang, 16 Wage & Hour Cas.2d (BNA) 616 (Cal. Ct. App. 2010).
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Gilb v. Chiang, 16 Wage & Hour Cas.2d (BNA) 616 (Cal. Ct. App. 2010). · cites it 5× “§ 218 (a); 8 29 C.F.R. § 541.4 (2009).) 9 The Controller asserted a pending upgrade of the payroll system (the “21st Century Project” *456 mandated by § 12432) 10 had stalled and in any event would not solve the difficulties in complying with the pay letter.”
Julian v. Swift Transp. Co., 360 F. Supp. 3d 932 (D. Ariz. 2018). “4 ("While collective bargaining agreements cannot waive or reduce the [FLSA's] protections, nothing in the [FLSA] or the regulations in this part relieves employers from their contractual obligations under collective bargaining agreements."). Swift argues courts across the…”
Gibbs v. City of New York, 87 F. Supp. 3d 482 (S.D.N.Y. 2015). “As will be discussed, the answer to the broader question obviates the need for additional inquiry into the specific claims.”
Perkins Twp. v. Intl. Assn. of Firefighters, Local 1953, 2019 Ohio 3706 (Ohio Ct. App. 2019). “See 29 C.F.R. 541.4 (“The Fair Labor Standards Act provides minimum standards that may be exceeded, but cannot be waived or reduced.”
Sevares v. Am. Pipeline Constr., LLC (S.D. Fla. 2023). “” 29 C.F.R. § 541.4 . Magistrate Judge Damien notes that Plaintiff asserts he is owed $2,080.”
McCreary v. Kareem Food World, Inc. (S.D. Fla. 2025). “”); 29 C.F.R. § 541.4 (“The Fair Labor Standards Act provides minimum standards that may be exceeded, but cannot be waived or reduced.”
Frangopou v. Saquella Cafe 2024, LLC (S.D. Fla. 2025). “”); 29 C.F.R. § 541.4 (“The Fair Labor Standards Act provides minimum standards that may be exceeded, but cannot be waived or reduced.”
Bascom (D. Utah 2025). “[C]ollective bargaining agreements cannot waive or reduce the Act’s protections . . . .”). 31 Id. 32 Id. at 745.”
Bascom (D. Utah 2026). “[C]ollective bargaining agreements cannot waive or reduce the Act’s protections . . . .”). 31 Id. 32 Id. at 745.”
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