Question about overtime: does the employer have the option of paying OT for over 8 hours per day, OR 40 hours per week... or is over 8 hours in a day *always* OT?
I have some weeks that I'll work a couple 10-hour days, maybe a 12-hour day, and then have one completely dead day, so at the end of the week, it's under 40 hours and no OT.
They USED to pay overtime for those long days, but recently decided as a cost-cutting measure that they'd only pay it if we went over 40 hours/week instead.
My reading of the Act suggests that it's not an either-or choice for the employer, but that anything over 8 hours is OT, period.
Employment Standards Act
Quote:
Overtime wages for employees not working under an averaging agreement
40 (1) An employer must pay an employee who works over 8 hours a day, and is not working under an averaging agreement under section 37,
(a) 1 1/2 times the employee's regular wage for the time over 8 hours, and
(b) double the employee's regular wage for any time over 12 hours.
(2) An employer must pay an employee who works over 40 hours a week, and is not working under an averaging agreement under section 37, 1 1/2 times the employee's regular wage for the time over 40 hours.
(3) For the purpose of calculating weekly overtime under subsection (2), only the first 8 hours worked by an employee in each day are counted, no matter how long the employee works on any day of the week.
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