Mandating work

Posted by / 11-Mar-2020 13:18

Mandating work

If you are protected by the Americans with Disabilities Act (ADA) or Rehabilitation Act, then your employer might be required to modify your mandatory overtime schedule to reasonably accommodate your disability.

Without union representation (or a potential disability protection mentioned above) and outside of filing a lawsuit, negotiating one-on-one or through your attorney is likely to be the only "legal" way to convince your employer to reduce your mandatory overtime work hours.

In fact, the FLSA doesn't at all restrict the total number of work hours that employers may schedule for employees who are age 16 or older.

It prohibits covered employers from mandating that covered employees work "overtime" except under certain limited circumstances.The employee could agree to work the "overtime" voluntarily or the employer could mandate that the employee work the "overtime" involuntarily if one of the narrow exceptions to mandatory overtime were to apply (for example, unexpected absences, discovered at or before the commencement of a scheduled shift, which could not be prudently planned for by an employer and which would significantly affect patient safety.) The bottom line is that, even if a health care provider that does not mandate overtime as defined by the FLSA, the health care provider may be covered by Act 102 if it requires that a covered employee remain beyond her or his agreed to, predetermined and regularly scheduled shift.This is all but inevitable in most health care institutions.In other words, there are no protections under the FLSA for workers 16 and older who refuse to work mandatory overtime.As a result, workers 16 and older who refuse to work it are "legally" subject to employer discipline, up to and including discharge.

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Assume further that the covered employee's replacement is late so his employer wants him to work additional time until his replacement arrives.

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