This clause lets you agree to work more than the legal maximum hours per week (48 hours in the UK under the Working Time Regulations, though rules vary in the US). It matters because without your written agreement, your employer cannot legally require you to work excessive hours. The clause protects the employer by getting your permission in advance, so they can't be sued for forcing you to overwork. However, it's risky for you: once you sign, you've given up a legal protection. For example, you might sign an opt-out thinking it's temporary, then find yourself working 55 hours every week for years.
Only sign this if you genuinely expect to work long hours sometimes (not all the time). Negotiate for a time limit: "This opt-out expires on 31 December 2025 and must be renewed in writing" rather than indefinite. Add a clause allowing you to cancel with notice: "Employee may withdraw this opt-out with 3 months' written notice." Ask whether extra hours are paid overtime or just absorbed into your salary—if unpaid, that's a major red flag and you should push hard for compensation or refuse to sign. ---
Frequently Asked Questions
What does this clause mean in simple terms?
This clause lets you agree to work more than the legal maximum hours per week (48 hours in the UK under the Working Time Regulations, though rules vary in the US).
Why should I care about this clause?
It matters because without your written agreement, your employer cannot legally require you to work excessive hours.
What are my options?
The clause protects the employer by getting your permission in advance, so they can't be sued for forcing you to overwork.
How does this affect small businesses?
However, it's risky for you: once you sign, you've given up a legal protection.