Do Salaried Employees Get Overtime in Ontario?
Being paid a salary does not mean you are not owed overtime. In Ontario, most employees earn overtime after 44 hours a week, and the manager exemption is narrower than employers claim.
Key takeaways
- Being salaried does not, by itself, mean you are exempt from overtime.
- Most Ontario employees earn overtime at 1.5x their rate after 44 hours in a week.
- Only specific roles are exempt, and the manager or supervisor exemption is narrow.
- A job title like "manager" does not decide it; the actual duties do.
- Unpaid overtime is an ESA violation you can claim, going back up to two years.
In this article
One of the most common and costly myths at work is that salaried employees never get overtime. Employers repeat it, and staff believe it, so a lot of overtime goes unpaid. In Ontario the truth is different: being on a salary has almost nothing to do with whether you are owed overtime.
✅Quick answer. A salary does not remove your right to overtime. Under the ESA, most employees are entitled to overtime pay at 1.5 times their regular rate for hours worked over 44 in a week, whether they are paid hourly or salaried. Only certain roles are exempt, and the exemption for managers and supervisors is narrow. What matters is the actual work you do, not your job title or how you are paid.
Does being salaried exempt you from overtime?
No. There is no rule in Ontario that says salaried employees do not get overtime. The overtime entitlement under the ESA applies to employees generally, and paying someone a fixed salary does not change it. If you are salaried and regularly work more than 44 hours a week, you may well be owed overtime pay for the extra hours, calculated from your regular rate.
How overtime works in Ontario
The general rule is overtime pay of 1.5 times your regular rate for each hour worked over 44 in a work week. For a salaried employee, the regular rate is worked out from the salary and the hours it is meant to cover. Note that Ontario uses a 44-hour weekly threshold, not 40, which is a common point of confusion, and overtime is generally calculated weekly, not daily. See overtime after 40 or 44 hours for the threshold in detail.
Who is actually exempt?
Some roles are exempt from overtime under ESA regulations, including employees whose work is genuinely supervisory or managerial, and certain professionals (like lawyers, doctors, engineers, and some IT professionals). But the managerial exemption is narrow: it applies only where your work is truly managerial or supervisory in character and you do non-managerial tasks only on an irregular or exceptional basis. Someone with a manager title who spends most of their week doing the same frontline work as their team is often not exempt at all.
A manager title is not enough
Employers sometimes hand out manager or supervisor titles, or move people to salary, specifically to avoid paying overtime. It does not work that way. What decides the exemption is the substance of your role, the actual duties you perform day to day, not the label on your business card or the fact that you are salaried. If you are called a manager but mostly do the same work as the people you supposedly manage, your exemption is doubtful.
What should you do if you are owed overtime?
- 1.Track your actual hours, week by week, including the extra time beyond 44.
- 2.Keep any records showing your real duties, especially if you are called a manager but do frontline work.
- 3.Raise it with your employer; some unpaid overtime is a genuine misunderstanding of the rules.
- 4.If it is not resolved, you can file a claim with the Ministry of Labour, generally reaching back up to two years. Unpaid overtime is an ESA violation.
Overtime is one of the ESA minimums worth knowing, alongside public holiday pay and your rights under the Employment Standards Act. And remember the ESA is only the floor: when your job ends, your severance is usually far more than the statutory minimum.
Frequently asked questions
Do salaried employees get overtime in Ontario?
Usually yes. A salary does not exempt you from overtime. Most employees are owed overtime at 1.5 times their rate after 44 hours a week, whether paid hourly or salaried, unless their specific role is exempt.
When does overtime start in Ontario?
After 44 hours in a work week for most employees, at 1.5 times the regular rate, calculated weekly. Ontario uses a 44-hour threshold, not 40, which is a common misconception.
Does being called a manager mean I do not get overtime?
Not necessarily. The managerial exemption is narrow and depends on your actual duties, not your title. If you are called a manager but mostly do the same frontline work as your team, you may still be owed overtime.
How far back can I claim unpaid overtime?
An ESA claim for unpaid overtime can generally reach back up to two years. Track your hours and your real duties, and you can file a claim with the Ministry of Labour if it is not resolved.
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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