[blindlaw] Questions About Working Overtime due to Blindness

Michal Nowicki mnowicki4 at icloud.com
Sat Jan 19 19:43:50 UTC 2019


Hi Everyone,

I recently interviewed for a temporary attorney position that pays by the hour. It is my understanding that attorneys in this position work 40 hours per week, though I do not know if overtime is allowed. Although I have not yet been offered the job, I have been wondering what to do if I get it, and if I ever need to work more than 40 hours in a given week due to my blindness to meet deadlines. While I would be happy to “gift” my employer the extra time (that is, work more than 40 hours as needed to finish a task on time, but agree to forego compensation for the extra hours), I am not sure if doing so would be legal under applicable wage laws. Obviously, I do not want to advise an employer to break the law.

That being said, can any of you answer any of the following questions:
1. If I am not supposed to work more than 40 hours per week, may I nonetheless work additional hours if I need the extra time due to disability-related barriers to complete an assignment on time?
2. If working additional hours qualifies as a reasonable accommodation under these circumstances, how should compensation for the extra time be handled? Must I be paid the regular hourly rate, the overtime rate (if applicable), or may I gift my employer any hours beyond 40?

Any thoughts on these issues would be highly appreciated.

Best,

Michal



More information about the BlindLaw mailing list