When does overtime start in Canada?
Overtime thresholds are set provincially. In Ontario and Alberta, overtime begins after 44 hours in a week. In British Columbia, Manitoba, Saskatchewan, and Quebec it begins after 40 hours, and BC also has a daily threshold of 8 hours. Federally regulated employees earn overtime after 40 hours. Overtime is paid at 1.5 times your regular rate.
Can my employer make me take time off instead of overtime pay?
In many provinces, employers and employees can agree in writing to bank overtime as paid time off in lieu, usually at 1.5 hours off per overtime hour worked. This must be a genuine written agreement, and the banked time generally must be taken within a set period. You cannot be forced to give up overtime pay without a valid agreement.
Are salaried employees entitled to overtime in Canada?
Often yes. Being paid a salary does not automatically make you exempt from overtime. Whether you qualify depends on your actual duties, not your title or pay structure. Genuine managers and supervisors, and certain regulated professionals, may be exempt, but many salaried employees are still owed overtime for hours worked beyond the threshold.
How far back can I claim unpaid overtime?
Recovery periods vary by province. Employment standards claims typically allow recovery of unpaid wages, including overtime, going back six months to two years depending on the jurisdiction. A civil claim for breach of contract may allow a longer look-back. Keep detailed records of your hours to support a claim.