Is Overtime Pay After 40 or 44 Hours in Ontario?
Many people think overtime starts at 40 hours. In Ontario it is 44, and being salaried does not mean you are not owed it. Here is how overtime actually works.
Key takeaways
- In Ontario, overtime starts after 44 hours in a week, not 40. The 40-hour figure is the US rule and a common myth.
- Overtime is paid at 1.5 times your regular hourly rate.
- Being salaried does not remove your right to overtime. Many salaried employees are still owed it.
- Only specific roles are exempt (genuine managers and supervisors, and certain professions). The exemption is narrower than employers claim.
- Unpaid overtime can be recovered, and you generally have two years to claim.
In this article
Overtime is one of the most misunderstood parts of Ontario employment law, and the confusion usually costs the employee. Two myths do the most damage: that overtime starts at 40 hours, and that salaried staff are never owed it. Both are wrong.
✅Quick answer. In Ontario, overtime kicks in after 44 hours worked in a week, not 40, and is paid at 1.5 times your regular rate. Being paid a salary does not automatically disqualify you. Only specific exempt roles (true managers and supervisors, and certain professions) fall outside the overtime rules.
Is overtime after 40 or 44 hours in Ontario?
It is 44. Under Ontario's Employment Standards Act, overtime pay is required for each hour worked over 44 in a work week. The 40-hour threshold that many people quote is the United States standard, not Ontario's. So hours 45 and up are overtime, paid at the premium rate.
How much is overtime pay?
Overtime is paid at 1.5 times your regular rate, often called time-and-a-half. So if your regular rate is $30 an hour, your overtime rate is $45 for each hour over 44 in the week.
Do salaried employees get overtime in Ontario?
Often, yes. Being paid a salary instead of an hourly wage does not, by itself, remove your right to overtime. Whether you are owed it depends on your actual job duties and whether you fall into a specific exemption, not on whether your pay is called a salary. Many salaried employees who regularly work past 44 hours are owed overtime they have never been paid.
Who is actually exempt from overtime?
The exemptions are narrower than employers often suggest. The most common is for employees whose work is genuinely managerial or supervisory, and who only occasionally do other work. Certain professions and roles also have special rules or exemptions. The key point: a manager title on its own does not make you exempt if your day-to-day work is not actually managerial.
Can my employer give time off instead of paying overtime?
Only with a written agreement. "Banked" time, or time off in lieu, is allowed in Ontario only if you have agreed to it in writing, and it must be given at 1.5 hours off for every hour of overtime worked. An employer cannot simply decide to bank your overtime at straight time.
What if I am owed unpaid overtime?
You can claim it. Keep your own record of hours worked, since the employer's records may be incomplete. You can pursue unpaid overtime through a Ministry of Labour claim or a civil claim, generally within two years. If overtime disputes are part of a larger problem, like being pushed out or dismissed, see wrongful dismissal or get a free review of your situation.
Frequently asked questions
Is overtime 40 or 44 hours in Ontario?
It is 44 hours. Overtime pay is required for each hour worked over 44 in a week, at 1.5 times your regular rate. The 40-hour figure is the US standard, not Ontario's.
Do salaried employees get overtime in Ontario?
Often yes. A salary does not remove your right to overtime on its own. It depends on your actual duties and whether you fall under a specific exemption, such as genuinely managerial work.
How is overtime pay calculated?
At 1.5 times your regular hourly rate for each hour worked over 44 in the week. If your regular rate is $30, overtime is $45 per hour.
Can my employer make me take time off instead of overtime pay?
Only if you agreed in writing, and the time off must be 1.5 hours for every hour of overtime worked. Otherwise you are entitled to be paid the overtime.
Daniel Carter
Legal Writer, Mirza Law
Daniel Carter is a legal writer at Mirza Law in Toronto. He writes about layoffs, employment contracts, and the steps to take before you sign anything from your employer.
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