If you are paid a salary and sometimes work over 44 hours in a week, then you may be entitled to overtime for all hours worked over 44 in those weeks at time and a half for each additional hour worked.
I remember speaking with an employer’s lawyer about this issue and he was incensed that I was claiming unpaid overtime for an employee who earned over $ 150 000 a year. The fact is that many well-paid employees are entitled to receive overtime pay and are not receiving overtime pay.
Not all employees, however, are entitled to receive overtime pay. Here are some exemptions:
- Managers and supervisors who only perform non-managerial or non-supervisory work on an irregular or exceptional basis. You will only be considered a manager or a supervisor if you spend the vast majority of your time managing or supervising. Even if you are a “true” manager or supervisor, you are entitled to be paid overtime in any week that you spend at least 50 percent of your working hours doing non-managerial work. So, if a subordinate is absent from work for a week and you fill in for them that week, then you may be entitled to overtime that week;
- Many EMS, health care and health professions;
- Certain professionals like lawyers, architects, engineers, architects and teachers,
Lessons to be Learned:
- Many salaried employees are entitled to overtime for hours worked in excess of 44 in a week and are not being paid overtime.
- Many so-called managers are entitled to overtime because they perform non-managerial or non-supervisory work on a regular basis.
- Even a true manager ( i.e., one who only perform non-managerial or non-supervisory work on an irregular or exceptional basis) is entitled to receive overtime pay if he or she spends at least 50 percent of their working hours in a week doing non-managerial work.
As we’ve written before, when an employee is terminated and offered a severance package, they are almost always asked to sign a release agreement in exchange. A release agreement, as the name suggests, releases the employer from liabilities for employment-related...read more
If you are totally disabled and collecting disability benefits from a LTD insurer, did you know that your employer may also owe you up to 34 weeks termination & severance pay? How can this be you may ask? Well, the short answer is there is a provision in a...read more
We have been advising Ontario employees for 30 years. We only practice workplace law so “All We Do Is WORK!” We have experience assisting employees from all walks of life. From people in entry level positions to senior executives in the private and public sectors. We...read more