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I Am Paid a Salary: Am I entitled to Overtime Pay?

Whitten and Lublin | Nov 06, 2017

It is a misconception that salaried employees are not entitled to overtime. There are no provisions in employment standards law that exempts salaried employees from overtime entitlements. In fact, employers that claim salaried employees are not entitled to overtime, either in writing or through an implied contract, would be contracting out of employment standards law. This is prohibited. Overall, method of payment (hourly or set-intervals) is irrelevant in determining overtime entitlements.

What if my job title is ‘manager’?:

Managerial employees are not entitled to overtime pay, and thus overtime regulations do not apply. However, just because an employee’s job title has the word ‘manager’ within it, does not necessarily mean he/she is exempt from overtime regulations. To be exempt, employment duties have to be managerial in nature. If your job title is ‘manager’ but you have no one reporting to you, do not have the authority to discipline, set schedules, promote, etc, then you are likely not exempt from overtime provisions under employment standards law.

Overtime laws vary from province to province, so it is important to have an awareness of the overtime regulations that apply to you. In Ontario, for instance, employees are entitled to overtime pay for hours worked in excess of 44 per week. Certain provinces, such as BC, also have daily overtime pay for hours worked in excess of 8 and 12. Be sure to check your provincial regulations to know for which hours you are entitled to overtime pay.