Assisting With Overtime Claims In Toronto And Throughout Ontario

Written By louise lu

Overtime pay is mandatory for most employees in Ontario, including full-time employees, part-time employees, casual employees, or students (with some exceptions).  Overtime applies whether you are paid on an hourly basis or have a salary.

For qualified employees, overtime starts once that employee works a certain number of hours per week (this will differ depending on whether your workplace is governed by the federal Canada Labour Code or the provincial Employment Standards Act).  At that point, the employee starts making 1.5 times their regular pay (commonly referred to as “time and a half”).

Common questions that arise include:

  • Can I be forced to work overtime?

  • Am I eligible for overtime pay?

  • What is the daily maximum of hours I can work?

  • How can I claim overtime pay?

  • Can I receive time off instead of overtime pay?

  • I only realized now that I am eligible for overtime pay, can I claim back pay for unpaid overtime?

  • Can I bank my overtime pay?

At Rousseau Mazzuca LLP, our experienced employment lawyers can determine whether you qualify for overtime and will ensure that you are paid any outstanding amounts you have not received.  We provide our clients with the confidence and peace of mind to stand up for their rights. We have helped many individuals, as well as groups of individuals, get the money they are owed by their employers. We can help you understand your relationship with your company and assist you in getting the benefits you may be entitled to. We will provide knowledgeable advice and will assertively represent your interests if necessary.

EXCEPTIONS FOR OVERTIME PAY

The majority of employees are eligible for overtime, including students, part-time employees, casual employees, and full-time employees. It does not matter whether you are paid hourly or are on a salary. However, there are a number of exceptions. The most common of these exemptions are managers/supervisors, traveling salespeople, and IT professionals. Each category has detailed rules and requirements though.  Merely adding the word “manager” to a job title, for example, is not enough.

louise lu
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