You can force employees to work overtime, but be aware of restrictions

Q         Can employees be forced to work overtime? What is the legal recourse if they refuse to work overtime that is required?

A   Yes, employers can force employees to work overtime and fire them if they refuse to do so. The federal Fair Labor Standards Act (FLSA) requires employers to pay overtime (time-and-a-half) when an employee works more than 40 hours a week, but the Act doesn’t place any limits on the number of hours they can require an individual to work. In short, you can force employees to work extra so long as you pay them the appropriate overtime rate.

Be careful if an employee has a disability under the Americans with Disabilities Act (ADA) or has taken approved leave under the Family and Medical Leave Act (FMLA). A medical condition, disability, or other obligations to care for a family member that qualify under the ADA or the FMLA could prevent you from requiring the individual to work overtime.

In summary, be aware of any restrictions or conditions on an employee’s ability to work extra before forcing an individual with a disability or on approved FMLA leave to stay and earn overtime pay.

Jason S. Ritchie is a partner with Ritchie Manning Kautz PLLP in Billings, Montana. You can reach him at jritchie@rmkfirm.com or 406-601-1400.