I'm pretty sure opting out is optional, and you can't be made to do it as a condition of employment. The alternative is often that they'll have you do a lot of extra time-tracking to make your life more difficult.

I have gone over 48 hours by about 12 hours a week for a period of a month, because this stuff had to be done. I got a promotion out of it.

Now I'm independent people have to pay me up front if they want that.