and the employees, see 29 U.S.C. § 207(o)(2) (1994), any dispute over comp time must necessarily be based on the CBA. Although employers and employees are free to negotiate and reach agreements concerning comp time, such agreements may not violate the FLSA. See 29 C.F.R. § 553.23(a)(2) (allowing employers and employees to agree on guidelines governing the preservation and use of comp time as long as the agreement does not violate the FLSA). Where employers and employees reach an agreement that expressly violates the FLSA or is silent on an issue and the employer takes action, which violates the FLSA, employees may still bring actions to protect rights provided for in the FLSA without exhausting remedies established in the agreement. See Barrentine, 450 U.S. at 740, 101 S.Ct. 1437 (<HOLDING>). Clearly, in such a case, the complaint is
holding that individual rights under the flsa may not be waived through agreement holding that employees may not contract away their flsa rights holding that the flsa does not preempt a state law contractual claim that seeks to recover wages for time that is compensable under the contract but not under the flsa recognizing that immunity may be waived holding under flsa