Overtime is an employment standard that sets the threshold for hours of work after which most employees receive
For most employees covered by the overtime provisions of the ESA,
there is an overtime threshold set at 44 hours in a work week. After 44 hours in a work week,
any time worked by the employee must be compensated at the overtime rate.
- What if my employer requires me to work overtime?
- Can I be asked to work more than 48 hours a week?
- Can I get time off for overtime?
- Can I agree to give up my right to overtime pay?
- What if I think my employer is not following the ESA?
- Can I see the ESA?
|What if my employer requires me to work overtime?
For most employees, overtime rates apply after they have worked 44 hours in a work week.
However, the ESA also sets the daily and weekly maximum number of hours an employee can be required to work. Daily maximums are set at
eight, or the number in an established regular workday, if it is longer than eight. The
weekly maximum number of hours an employee can be required to work is 48 hours in a work week.
|Can I be asked to work more than 48 hours a week?
An employer and an employee can agree in writing that an employee will work more than 48 hours in a workweek. However, certain conditions must
be met in order for such an agreement to be valid and even where there is such an agreement, the employer is required to make an application for an
approval from the Director of Employment Standards before the employee may begin working excess weekly hours. See Hours of Work (rest periods) for further information.
Whether or not an employee is permitted under the Act to work excess weekly hours, the employer must still pay overtime pay for any hours worked
in excess of 44 per week.
|Can I get time off for overtime?
An employee and an employer can agree in writing that the employee will receive paid
time off work instead of overtime pay. This is sometimes called "banked" time or "time off in lieu".
The employee must receive 1½ hours of paid time off work for each hour of overtime
worked and the time off must be taken within three months of the week when the overtime
was earned or, if the employee agrees in writing, within 12 months after the week when the overtime was worked.
|Can I agree to give up my right to overtime pay?
No. An employee cannot agree to give up his or her right to receive
overtime pay under the ESA. Any such agreement is not allowed and the employee is still
entitled to overtime pay. However, an employee may agree in writing to average hours of work over periods of two weeks or more for the purposes
of determining his or her overtime entitlements. Under such agreements, an employee would only qualify for overtime pay if the average hours worked
per week during the averaging period exceed 44 hours. In addition to having agreements in writing, the employer must also obtain an approval to average
hours for overtime purposes from the Director of Employment Standards. For further information see Your Guide to the Employment Standards Act: Overtime.
|What if I think my employer is not following the ESA?
What if I think my employer is not following the ESA?
|Can I see the ESA?
Employment Standards Act, 2000