Contacting us or reading this website does not create a lawyer/client relationship. Under the new rule, employees who make less than $684 a week ($35,568 a year) must receive overtime pay, even if they have been classified as "exempt." Just like hourly employees, after 44 hours, a salaried employee is entitled to overtime pay in Ontario, which is 1½ times the employee’s regular rate of pay. by Whitten Lublin | May 17, 2018. The maximum hours allowed to work in Ontario are 13 hours per day and 48 hours per week, beyond which time an employer cannot force an employee to work. Nonexempt employees are eligible for overtime pay. The federal minimum for overtime for hourly employees is that the person must be paid one and a half times the regular hourly rate for work over 40 hours a week. “time and a half”) for each hour over and above 44 hours per week. The employee must therefore be paid at a rate of at least $22.50 an hour for every hour worked in excess of 44 in a work week. In addition, content may be out of date. Employers would need to pay IT professionals overtime – Without the IT professionals exemption, irrespective of the employee’s cash or incentive compensation, companies would need to pay IT professionals (including salaried employees) 1.5 times their normal wage for all hours worked in excess of 44 hours per week. Unless an employee is exempt, the employer must pay the employee time and a half for hours worked in excess of 44 hours per week. Ph: (416) 640-2667 An hourly wage can be calculated to determine the overtime pay per hour. Example: Iris is paid a fixed bi-weekly salary. The right to overtime pay is set out in Section 22 of the Employment Standards Act of Ontario. We regularly act for individuals seeking unpaid overtime in court or through the Ministry of Labour. Salaried employees in Ontario are entitled to earn pay for any overtime hours they work. In Ontario, overtime pay is 1.5 times an employee’s normal rate of pay for every hour worked in excess of 44 hours in a single week. The right to overtime pay in Ontario is enshrined in section 22 of the Ontario Employment Standards Act [“ESA”] (our ESA FAQ here), which says that an employee earns overtime pay after they have worked 44 hours or more in a single week. Do not rely on this website for legal advice. The requirement to pay Overtime in Ontario is absolute. If overtime applies to an employee’s hours, then the employer has no defence, and the employer must pay overtime. This is incorrect. Conversely, if an employees’ salary is paid in equal installments but with a set amount of hours, then an employer will have to make the necessary adjustments in order to comply with the ESA. Overtime pay for hourly employees is the additional pay rate paid for working more than a specific number of hours in a week. This means that many — but not all — employees with a yearly salary at or below $47,476 are entitled to mandatory overtime … The biggest category of workers exempt from overtime in Ontario is the information technology (IT) professional. For example: an employee who earns a salary of $450 per week and is expected to work a 40-hour week is paid $11.25 per hour. Rights And Obligations of a Remote Worker. Important Note: There are a few, rare jobs in Ontario that trigger special rules for overtime pay after 44 hours. For example, if an employee who has a regular rate of $20.00 works more than 44 hours in a week, each hour after 44 must be paid an overtime rate of $30.00 an hour ($20× 1.5 = $30.00). Alberta requires that you pay overtime after 44 hours worked in a week, rather than the typical 40. If you require legal advice, you should contact a lawyer in your jurisdiction. To be divided by the provisions in the week, rather than the typical 40 retainer... 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