1. ” and (ii) entered into knowingly and voluntarily by such employees and not as a condition of employment.”
    Many, many employees will have no way to ‘prove’ if they were passed over for OT because they would choose pay rather than comp time, and could be subject to retribution if they tried. Much like harassment cases, cases concerning pay inequity, etc., the reality for the vast majority of workers is not the text-book ideal.

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