Employment Law 101: Overtime Pay – Employer Obligations and Employee Entitlements

  Generally, most employees in Ontario are entitled to receive overtime pay when they work more than forty-four hours in one week. Section 22(1) of the Employment Standards Act, 2000 (the “ESA”) requires that, “an employer shall pay an employee overtime pay of at least one and one-half times his or her regular rate for each hour of work in excess of 44 hours in each work week.” This applies to employees regardless of whether they are working full time, part time, if they are students, temps or casual workers. This also applies to employees regardless of whether they are paid an annual salary or an hourly wage. If an employee is salaried, the overtime rate is calculated by dividing his or her weekly salary by forty-four to arrive at an hourly rate of pay. While the majority of employees in Ontario are entitled to receive overtime pay for all hours worked beyond forty-four hours per week, some workers are excluded from the overtime provisions in the…

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