If you will require mandatory overtime on a regular or even occasional basis, consider making mandatory overtime part of the employees’ essential functions in job descriptions. This will assist in evaluating reasonable accommodation requests and performance issues. In addition, you are making it clear that the job for which the employee is hired requires overtime and that working overtime is expected of the employee.

Also, ensure that your policy is clear and your practice of implementing mandatory overtime is consistent.

Depending on your scheduling needs, how you implement mandatory overtime may vary. Some workplaces may require pre-scheduling of mandatory overtime. Others may solicit volunteers to work overtime on a daily or weekly basis. You may wish to consider a lottery process to ensure mandatory overtime is shared equally among the employees whose jobs require it.

If you require mandatory overtime, employees who consistently avoid working it should be dealt with under your disciplinary policy. Use caution, however. If an employee can’t work mandatory overtime due to a medical or religious issue, your duty to engage in the interactive process to find a reasonable accommodation may apply.

• Be prepared to address reasonable accommodation or other employee availability issues in a legally compliant and consistent manner.

Wage Order Limitations on Mandatory Overtime

Limitations on mandatory overtime are included in specific Wage Orders. The following Wage Orders limit the maximum number of hours in a week and prohibit the employer from demanding overtime hours that exceed these limitations:

• Wage Order 3, Canning, Freezing and Preserving Industry — An employee can work up to a maximum of 72 hours in 7 consecutive days after which the employee must have a 24-hour period off duty.
• Wage Order 4, Professional, Technical, Clerical, Mechanical and Similar Occupations — No employee may be terminated or otherwise disciplined for refusing to work more than 72 hours in any workweek, except in an emergency.
• Wage Order 8, Industries Handling Products After Harvest — An employee can work up to a maximum of 72 hours in any workweek after which the employee must have a 24-hour period off duty. Exceptions to this rule for the grape and tree-fruit industry, cotton ginning and tree-nut hulling can be found in section 3 of Wage Order 8.
• Wage Order 13, Industries Preparing Agricultural Products for Market, on the Farm — Any work by an employee in excess of 72 hours in any one workweek must be voluntary. No employee can be terminated or discriminated against for refusing to work more than 72 hours in any one workweek.
• Wage Order 16, Certain On-Site Occupations in the Construction, Drilling, Logging and Mining Industries — No employee can be terminated, disciplined or otherwise discriminated against for refusing to work more than 72 hours in any workweek, except in an emergency.