Overtime Pay in Ontario: When Your Employer Must Pay Time-and-a-Half
Ontario employees are generally entitled to overtime pay at 1.5 times their regular rate for hours worked beyond 44 per week. But exemptions are common and p...
Frequently Asked Questions
At what point does overtime kick in in Ontario?
Overtime is owed after 44 hours in a work week, not 40. There is no daily overtime in Ontario — only weekly. The rate is 1.5 times your regular rate for each hour over 44.
I am salaried — does that mean I am exempt from overtime?
No. Being paid a salary does not automatically exempt you from overtime. The exemptions are based on your actual job duties and the specific categories in Ontario Regulation 285/01, not on how you are paid.
How far back can I claim unpaid overtime?
Through the Ministry of Labour, you can recover unpaid overtime going back two years from the date of your complaint. In Small Claims Court, the Limitations Act, 2002 imposes a two-year limitation period from when you knew or ought to have known you had a claim.
Can my employer require me to take time off instead of overtime pay?
Only if you agree in writing. The time off must be at a rate of 1.5 hours for each overtime hour worked, and it must be taken within three months (or 12 months if agreed). Without a written agreement, overtime must be paid in cash.
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