Oh, I see what you are asking - No they are separate - the opt out is a legal waver to max hours per week. Btw. There is no obligation for an employer to pay for breaks etc.
The statement made was:
If you sign the waiver you are exactly waiving your right to max working time limit. It is mistaken to say you can't waive legal rights (which can be true in general). For this specific legal right you can and it is a valid waiver. The reference to a "Piece of paper" I took as implication that it was not a valid agreement.
On the second subject of payment/bonus for non-compete agreements, that is less straight forward. The duration and scope of the agreement would need to withstand the reasonableness test and not conflict with an ex-employee's right to find work. However, once payments are on the table then they are generally more enforceable.
Anything up to 6 months with a defined list of competitors and competitor activities is generally acceptable, along with non-solicitation agreements (customers and staff). Obviously your ex-employer's IP and confidential material is much easier to protect. I'm currently working a case enforcing such a theft.
