Is mandating employees to work safe
Although this can be a benefit to employees seeking extra pay, mandatory overtime also can cause low morale, stress and fatigue. Department of Labor requires that employees working overtime must receive one and a half times their regular pay for hours worked over 40 in a week.In extreme cases, it severely affects the business as workers quit, strike or pursue legal avenues. However, federal law places no limits on the total number of hours an adult can work in any given week.Theoretically, an employer could require a 168-hour workweek without violating any federal laws, and is within a company's rights to penalize an employee who refuses to work -- as long as doing so does not create a health or safety hazard.Under the Americans with Disabilities Act, employers are required to make reasonable accommodations to enable people with disabilities to perform the essential functions of the job.
But in legal terms, there is no simple answer which applies in all circumstances.Employers have obligations under Victorian occupational health and safety (OHS) legislation, including to provide a safe work environment.Employers need to consider their obligations under OHS legislation when planning a worker's return to work.Victoria's workers compensation legislation, information privacy legislation and health records legislation regulate the exchange of personal and health information.Employers should be familiar with these requirements as, in the course of managing a worker's return to work, employers will have access to confidential information about a worker.