Can my employer make me work mandatory overtime if I have back pain due to an herniated disk pinching the sciatic nerve?
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Can my employer make me work mandatory overtime if I have back pain due to an herniated disk pinching the sciatic nerve?
Medicine helps with the pain but it doesn’t completely take it away, I’m going to get an epidural injection soon. I am able to work up to 9 hours but they want me to work 10 to 12 hours a day and 8 hours on Saturday I work in a factory.
Asked on August 20, 2015 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, they can require you to work mandatory overtime. An employer generally has free discretion to require overtime as long as they pay for it, if the employee is overtime eligible if the employer is not overtime eligible, they don't even have to pay anything extra for it. While employers must make "reasonable accommodations" for employees with disabilities, even temporary disabilities, this means doing something not too expensive or disruptive to let the employee do his/her job--but the employee still needs to be do the job for which he or she is employed and must work all required hours. So, suppose that you normally stand to work but could work while sitting, if the seat were the right height then a reasonable accomodation would be getting you a tall-enough stool to sit at. But they could still require you to work all the hours they would normally require.
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