Legal Question in Employment Law in Michigan

Re: employer will not allow overtime while on restrictions

Generally, the employer has sole discretion concerning who works overtime and how much. Unless the employer has a policy which allows employees to set their own hours, an employee may not dictate how much overtime he or she will work. In the absence of a policy or agreement to employ someone for a certain number of hours per week, an employee does not have the right to work more or fewer hours than allowed by the employer.

An employer may make a legitimate business decision that a person with restricted duties not work overtime, if that time would be less productive than if the employee were not on restricted duty. For instance, if an employee's duties include heavy lifting, but the employee has requested restricted duty without the lifting, then the employer must find another employee to perform the task. The employer might deny overtime hours to the restricted employee, due to the employee's inability to perform all of his/her duties.

An Michigan employer is prohibited under the Michigan Handicapper Act, however, from discriminating on the basis of a disability, if the employee can perform all of his/her duties with a reasonable accommodation. The Americans With Disabilities Act also might apply. If the employee is able to perform all of the duties, despite the disability (or with an accommodation), then it might be a violation of the employee's civil rights to be denied overtime, BUT ONLY IF OVERTIME IS PERMITTED FOR SIMILARLY SITUATED EMPLOYEES.

This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response.