Authors: Stephanie McDonald and Baljinder (Bal) Singh Tiwana
Overtime pay is a critical aspect of employment standards in Ontario. However, there are widespread misconceptions about how overtime pay works. These misunderstandings can lead to employees being underpaid or denied their lawful entitlement to overtime pay.
This article aims to clarify your rights under Ontario’s Employment Standards Act, 2000 (ESA), so that you have an enhanced understanding of whether you are entitled to overtime pay, and how to protect yourself if you’re not being paid correctly.
In this article, we explain:
- What overtime pay is
- Who is entitled to it
- Who is not entitled to it
- What to do if your employer refuses to pay you overtime pay aka “time and a half”
1. What is Overtime Pay?
In Ontario, employees who work more than 44 hours in a work week are generally entitled to overtime pay. Overtime pay is 1.5 times the employee’s regular rate of pay for each hour worked beyond 44 hours in a week.
For Example:
If you earn $40.00/hour, your overtime rate is $60.00/hour. So, if you work 48 hours in one week, you’re entitled to 4 hours of overtime pay at $60/hour.
It is important to note that not all job types or industries are covered by these overtime rules, so depending upon your true occupation, you may be excluded from overtime pay, as described below.
2. Who is Entitled to Overtime Pay?
Overtime pay applies to many employees in Ontario, including:
- Employees paid by the hour
- Salaried employees
- Workers who exceed 44 hours in a standard work week
It doesn’t matter whether you are paid hourly, weekly, or on an annual salary — if your actual job duties fall under the ESA and you work more than 44 hours a week, you may be entitled to overtime pay.
3. Who is Not Entitled to Overtime Pay?
Some employees are excluded from overtime pay under Regulation 285/01 of the ESA, even if they work more than 44 hours per week. Common examples include:
- Managers or supervisors, as long as their duties are truly managerial or supervisory in nature.
- Certain professionals, such as:
- Lawyers
- Accountants
- Engineers
- Doctors
- IT professionals (in certain roles)
- Salespersons who earn a substantial portion of their income through sales commissions may be excluded from overtime pay
What matters is not your job title, but your actual job responsibilities. For example, if your title is “Supervisor” but most of your duties involve regular staff-level tasks, you may still be entitled to overtime pay.
In addition, some specific industries such as hospitality or agriculture, are exempt from being entitled to overtime pay or special rules may apply.
4. What Should You Do if Your Employer Refuses to Pay Overtime?
The Harsh Reality of Overtime Pay Enforcement:
- Many employers don’t comply with overtime pay obligations.
- Some employers create internal policies requiring pre-approval for overtime pay, which can make it nearly impossible to get paid for extra work in practice.
- Employees who ask for overtime pay may be made to feel “difficult” or fear retaliation for bring their entitlement to overtime to the attention of the employer.
- While the ESA protects against retaliation (reprisals), some employees who assert their rights are still terminated.
How to Protect Yourself:
It is imperative to act promptly.
- Document everything. Keep a written record of hours worked, including details of start and end time (including breaks).
- If you request overtime pay, do so in writing (e.g. email). This creates a paper trail if your employer retaliates.
- Keep a copy of all written communications with your employers regarding hours or pay.
- Keep a record of any discrepancies/deductions in your pay.
- You may file a claim with the Ontario Ministry of Labour (OML). The OML investigates complaints regarding ESA violations.
- Seek legal advice if needed. An employment lawyer can assist you with providing guidance on your rights and how to navigate the legal process.
- Be mindful of your deadline to file a claim and remember that your employer should not retaliate for you filing a complaint.
- Some workers, unfortunately, may choose not to pursue overtime pay due to fear of losing their job, instead opting to find better employment elsewhere.
Final Thoughts
Overtime pay in Ontario is a right — not a privilege — for many employees. But due to fear, misinformation, or employer misconduct, it’s often overlooked or denied. Understanding whether you are covered under the ESA and knowing how to advocate for yourself is the first step to ensuring fair compensation for your time and labour.
If you’re unsure whether your role is eligible for overtime or need help navigating a dispute, consider speaking with us or contacting the Ontario Ministry of Labour for guidance.
DISCLAIMER: This article/blog is provided for educational/informational purposes only. The views expressed are solely those of the author(s) and should not be attributed to any other party not listed as the author(s).
While reasonable efforts have been made to ensure the accuracy of the content provided, it does not constitute legal advice. Prior to relying on any aspect of this article, you should consult with a suitably qualified legal professional promptly in your relevant jurisdiction, to obtain advice tailored to your individual circumstances
Nothing in this article should be interpreted as forming a solicitor-client relationship or construed as a solicitation for legal services.
