Just a Lawyer in Lincoln's Hometown

October 9, 2010

But I can’t work overtime!

Filed under: Employment Law — Chuck @ 10:49 am
Tags: , ,

“But I can’t work overtime!” I often get people in my office who can’t work overtime hours, and sometimes full-time hours. They may have any number of disabilities. Stress related disorders may require that they leave the workplace after 8 or fewer hours, even when the employer wants overtime.

Despite the language of the ADA and its regulations encouraging modified or reduced schedules, the courts have been less than supportive of this accommodation. All to often the courts have said that being at work when the employer wants the employee there is essential.

So, depending on the circumstances, the ADA may be out of the question. But that does not necessarily end the possibilities for the employee. If the employer is large enough and the employee qualifies, there may be a FMLA remedy. If the employee has a serious health condition (disability) the doctor may prescribe and certify, for example, that the employee needs to work no more than 8 hours in a day and that the employee needs leave for anything over 8 hours.

This may not work depending on the circumstances – but it should be looked at. I have had very good luck convincing employers that employees need a “modified” schedule. Often a less than sympathetic employer may shrug off a claim under one or the other law. But when you can make a legitimate claim under both statutes, they may feel the need to settle.

Good Luck

Chuck from Watson Law, LLC

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