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| Mandatory Overtime & The Older Worker |  |
Question: We just received a large contract and, in order to make timely delivery to our customer, we told employees they would have to work several hours of overtime each day for the next month. One of our employees has informed us that, based on his age, he no longer has the stamina to work the overtime. I foresee other employees complaining if we exempt this employee. Legally, what are we required to do?
Answer: As an employer, you can put together a work schedule that includes mandatory overtime, as long as it does not interfere with any laws or regulations. For example, in New York State, employers must provide one-days-rest in seven and also meal breaks, based on the number of hours worked. There are no limits to the number of hours an employer can require an employee to work in a day in your industry, although there are limits in other industries such as brickyards, railroads, and state employees.
You need to be prepared when employees say that they cannot work overtime due to a number of reasons, including childcare or evening courses at the end of the workday. Accommodations should be made based on the employee’s religious beliefs. There are also safety issues when employee’s concentration is compromised because they are tired. The best approach is to require voluntary overtime, then make non-discriminatory decisions for mandatory overtime on a case-by-case basis (which should all be documented).
Another accommodation would be under the Americans with Disabilities Act. If this employee’s inability to work extra hours is due to health issues that limit one of life’s major functions, then a request for a note from their doctor explaining the employee’s limitations could be required.
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Fri. 08.15.08
2008 CNY Employer of Distinction Awards - Application
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