Overtime Agreements Ontario

September 30, 2021

Where an employer knows or reasonably needs to know that overtime is being worked, it is usually overtime that must be compensated according to the ESA. If an employee secretly works overtime — say bringing work from home to trap themselves, to prevent the employer from knowing they`re facing the workload, or spending overtime preparing for a major customer presentation to make a good impression — those hours may not attract overtime. But what cannot happen is that an employer actually allows an employee to work overtime by being “deliberately blind” to overtime worked in the hope of avoiding overtime. Until recently, with the passage of Bill 66, Restoring Ontario`s Competitiveness Act 2019, the approval of the Director of Employment Standards was required when employers needed employees who had to work more than 48 hours per week. Overtime pay must be paid to workers for each hour of work of more than 44 hours in a given work week. [3] Overtime pay is equal to 1.5 times the worker`s normal hourly wage. Most other requirements for overtime funding agreements are maintained. For example, agreements must have an expiry date that does not exceed two years after the start date for non-unionized workers and no later than the day a subsequent collective agreement comes into effect for unionized workers. . . .

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