Overtime pay is one of the most misunderstood workplace rights in Ontario. Many employees don’t realize they qualify for extra pay when working over 44 hours per week. If your employer isn’t paying you properly for overtime, they could be violating the Employment Standards Act (ESA).

Who Qualifies for Overtime Pay?

• Most employees in Ontario qualify for overtime after working more than 44 hours in a workweek.

• Overtime is paid at 1.5 times your regular hourly wage (also known as “time and a half”).

• Some employees, such as managers, IT professionals, and some commissioned salespeople, may be exempt from overtime rules.

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How Overtime Pay Is Calculated

• Example: If you earn $20 per hour and work 50 hours in one week:

• Your first 44 hours are paid at your regular wage ($20 x 44 = $880).

• The 6 overtime hours are paid at time and a half ($30 x 6 = $180).

• Total pay for the week: $1,060 instead of $1,000.

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Can Employers Avoid Paying Overtime?

Some employers try to avoid paying overtime by:

• Misclassifying employees as managers when they are not.

• Forcing employees to take unpaid “banked time” instead of overtime pay.

• Failing to track hours properly.

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What to Do If You’re Not Being Paid Overtime

1. Keep a Record of Your Hours (track schedules and pay stubs).

2. Ask Your Employer About the Unpaid Overtime.

3. File a Complaint with the Ministry of Labour if the issue is not resolved.

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Free Consultation with Ottawa Employment Lawyers

Overtime pay is a legal right for most employees in Ontario. If you’re working more than 44 hours per week, your employer must pay you at 1.5x your regular wage unless you fall under an exemption. If you suspect wage theft, document your hours and do not hesitate to reach out to our team of experienced Ottawa employment lawyers for a free legal consultation. Randy Ai Law Office can be contacted at (343) 321-0800 or fill out our contact form.

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