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International Law

: Wise Law Blog

Ontario Employment Law: Overtime Pay

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Section 22 of the Ontario Employment Standard Act provides that an employee who works more than 44 hours in a given week shall be paid at least one and one-half times his or her regular rate of pay.

When an employee is terminated by their employer, that employee has a statutory right to be paid for his or her outstanding overtime hours, provided that the overtime claim is not barred by any applicable limitation period. This is in addition to any other claims an employee may have to compensation under the Act or at common law.

Of course, like so many rules of law, there are some notable exceptions. For example, a regulation of the Act provides that the overtime provision does not apply to a person employed whose "only work is supervisory or managerial in character". While this is a recognized exemption from Section 22, it is a narrow one since most employees, including many managers, cannot be said to only perform supervisory functions.

A case in point is Bala Bay Inn v. Turnbal. There, the Ontario Labour Relations Board assessed the duties of a security manager, concluding as follows:

In the present case, the Board is similarly unable to find that the claimant's only work is supervisory or managerial in character. The claimant was required to perform security services himself and to perform janitorial duties on a regular basis. He was responsible for overseeing the work of other security staff while he himself engaged in security monitoring. The evidence was that the claimantwas required to perform patrolling functions while overseeing the work of other security staff, that during the overnight shifts he was required to perform janitorial duties and that he never hired or fired any employees. The Board therefore finds that the claimant is not exempt from the overtime pay provisions.

If you believe you have been wrongfuly deprived of overtime pay by your current or former employer, contact a lawyer who can advise you as to your rights relating to overtime pay and your additional entitlements under the Employment Standards Act and at common law.

- Robert Tanha, Toronto

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Full post as published by Wise Law Blog on January 08, 2011 (boomark / email).