613-714-1099 info@jjdlaw.ca

Overtime disputes

Overtime Hours and Overtime Pay – Understanding the Concepts

There are several types of hours and wage disputes that you come across in different organizations. The overtime pay dispute is one of the most common hours and wage disputes found in Ottawa. Employment rules regarding working hours, overtime pay, minimum wages and other issues are regulated by The Employee Standards Act (ESA). Any employee who feels that their rights are being violated under ESA can contact a lawyer and discuss the issue. An employment lawyer in Ottawa will help you know your rights and the steps you can take in case your rights are being violated. There is a lot of confusion regarding overtime payment laws in Canada, so it is better to get a reliable and trustworthy advice.
There are overtime pay and hour rules for all types of employees including, full time, part time, students, temporary help and more. In most cases, an employee is expected to work 44 hours a week. If they have worked for more than 44 hours, they must be paid on the overtime pay rate. Generally, overtime is paid at one and half times the regular pay unless the rate is specifically mentioned in the Employee Contract. But, not everyone qualifies to be paid at time and half payment for overtime. So, when you sign an Employee Contract, you must read the regulations to understand what overtime pay are you eligible for.

There is a common myth among employees that there is no overtime in a salaried job with benefits. Employees believe that only hourly employees are eligible for overtime pay. Well, that’s completely wrong. Anyone who is working on a salary or commission basis is also eligible for overtime pay for the extra hours they have worked. Any employee who has worked for more than 8 hours a day or 40 hours a week needs to be paid at overtime rate. Wage/hour disputes are quite common and their resolution involves discussions and negotiations. If the matter does not get resolved, an employee can take legal action in court.

Common overtime pay disputes consist of –

  • Rate of pay – The rate at which the worker is paid vs. the rate they are supposed to be paid as per overtime pay
  • Hours – The number of hours worked more than regular hours
  • Eligible – Whether or not the worker is eligible for and entitled to overtime pay
  • Tax – Tax reporting and other administrative issues
  • Exemptions – Overtime exemptions that apply to certain employees

Overtime issues can be complex and legal, so it is best to seek help of a lawyer in Ottawa.