Overtime Pay in Alberta
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Under federal law, once you work more than 40 hours in a week, your employer must pay you 1.5 times your regular hourly rate for every extra hour.
Instead of overtime pay, you and your employer can agree in writing to bank the time. Banked time is credited at 1.5 hours of time off for every hour of overtime worked, and it must be taken within 3 months.
The maximum standard work week is 48 hours unless a special permit or modified schedule applies.
When does it apply?
- You are a federally regulated worker.
- Exemptions exist for managers, superintendents, and certain professionals — including architects, dentists, engineers, lawyers, and doctors.
What to Do If Your Employer Won't Pay Overtime in Canada
- Track your hours independently — keep your own written or digital record every day.
- Ask your employer in writing (email counts) about any unpaid overtime.
- If the issue isn't resolved, file a complaint with the Labour Program within 24 months.
What should you NOT do?
- Don't work "off the books" — if you do, it's much harder to prove your hours later.
- Don't assume salaried means no overtime. Being paid a salary does not automatically make you exempt.
- Don't let your employer pressure you into banking time off if you prefer to be paid. The choice must be voluntary and in writing.
How Alberta differs from federal law
Under Alberta's Employment Standards Code, overtime applies after 8 hours in a day or 44 hours in a week, whichever gives the employee the greater amount. Your employer must pay you 1.5 times your regular rate for overtime hours.
- Alberta uses both daily and weekly overtime thresholds. If you work more than 8 hours in a single day, those extra hours are overtime even if your weekly total is under 44.
- You and your employer can agree in writing to an overtime agreement to bank overtime hours as paid time off instead of overtime pay. Banked time must be taken within 6 months and is credited at 1.5 hours off for each overtime hour worked.
- Some workers are exempt from overtime, including managers and supervisors, certain professionals (architects, engineers, accountants, lawyers, dentists, etc.), and farm and ranch workers. Exemptions are listed in the Employment Standards Regulation.
- Employers can apply for a compressed work week permit or use an averaging arrangement to average hours over 1 to 52 weeks, which changes when overtime applies.
Additional Steps in Alberta
Keep your own records of hours worked. If you believe you are owed overtime pay, file a complaint with Alberta Employment Standards at alberta.ca/employment-standards or call 1-877-427-3731. You can recover up to 6 months of unpaid overtime from the date of your complaint.
Relevant Law: Employment Standards Code, RSA 2000, c. E-9, ss. 16–26 (Hours of Work and Overtime); Employment Standards Regulation, Alta. Reg. 14/1997, Part 3
Common Questions
When does overtime pay apply?
You are a federally regulated worker.Exemptions exist for managers, superintendents, and certain professionals — including architects, dentists, engineers, lawyers, and doctors.
What should I do if my Canadian employer is not paying me overtime?
Track your hours independently — keep your own written or digital record every day.Ask your employer in writing (email counts) about any unpaid overtime.If the issue isn't resolved, file a complaint with the Labour Program within 24 months.
What mistakes should I avoid with overtime pay?
Don't work "off the books" — if you do, it's much harder to prove your hours later.Don't assume salaried means no overtime. Being paid a salary does not automatically make you exempt.Don't let your employer pressure you into banking time off if you prefer to be paid. The choice must be voluntary and in writing.
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