When Overtime Avoidance Creates Employer Conflicts with ADA and FMLA

By Marti Cardi, JD

VP Product Compliance
Matrix Absence Management

Overtime is an ever-increasing fact of today’s business model for many employers. Reasons vary: efforts to increase productivity and margins, skilled worker shortages, and trying to balance business needs with newly mandated higher wages.

As a result, employers are grappling more often with overtime issues that challenge their Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) compliance efforts. More employees are seeking to avoid overtime by requesting a reduced schedule or intermittent leave under the FMLA, or no overtime/reduced hours as an ADA accommodation.

Consider these examples, which my columns will explore in 2017. How does the analysis differ under the ADA and the FMLA?

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