Overtime Pay — Alberta

Researched by A. R. Alsaedi, Head Researcher

Primary sources cited; not legal advice.

Source: Canada Labour Code, Part III, Division I (sections 169–174.1)

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

Canadian Federal Law

What is this right?

Once you cross 40 hours in a week on a federally regulated job, every extra hour pays at 1.5 times your regular rate. That's the rule and it can't be wished away by a vague clause in your contract.

If you'd rather take the time than the cash, you and your employer can bank the overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. — but only by written agreement. Banked time is credited at 1.5 hours off for every overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. hour worked and has to be taken within 3 months or paid out.

The hard cap on the standard work week is 48 hours unless a permit or modified schedule has been formally approved.

When does it apply?

You're a federally regulated worker.
Exemptions apply to managers, superintendents, and a defined list of professionals — architects, dentists, engineers, lawyers, doctors. The list is tighter than employers like to claim.

What to Do If Your Employer Won't Pay Overtime in Canada

Don't trust the company timeclock alone — keep your own log.

Track every shift in a notebook, calendar, or phone app. Daily entries beat reconstructing months later.
Raise unpaid overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. with your employer in writing — email is fine and creates the paper trail you'll need.
If nothing changes, file with the Labour Program inside the 24-month window.

What should you NOT do?

Don't agree to work "off the books." Hours that aren't recorded are hours you'll struggle to prove existed.
Don't assume "salaried" means no overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules.. A salary alone doesn't put you in the exempt list.
Don't let banked time be forced on you. If you'd rather take the money, the choice must be voluntary and in writing.

Alberta Law

Choose your province

Canada National Ontario Quebec British Columbia Alberta Manitoba Saskatchewan

How Alberta differs from federal law

Under Alberta's Employment Standards Code, overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. 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 overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. hours.

Alberta uses both daily and weekly overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. thresholds. If you work more than 8 hours in a single day, those extra hours are overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. even if your weekly total is under 44.
You and your employer can agree in writing to an overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. agreement to bank overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. hours as paid time off instead of overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. pay. Banked time must be taken within 6 months and is credited at 1.5 hours off for each overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. hour worked.
Some workers are exempt from overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules., 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 overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. applies.

Additional Steps in Alberta

Keep your own records of hours worked. If you believe you are owed overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. 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 overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. 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

What is the overtime pay right in Canada?

Once you cross 40 hours in a week on a federally regulated job, every extra hour pays at 1.5 times your regular rate. That's the rule and it can't be wished away by a vague clause in your contract.If you'd rather take the time than the cash, you and your employer can bank the overtime — but only by written agreement. Banked time is credited at 1.5 hours off for every overtime hour worked and has to be taken within 3 months or paid out.The hard cap on the standard work week is 48 hours unless a permit or modified schedule has been formally approved.

When does overtime pay apply?

You're a federally regulated worker.Exemptions apply to managers, superintendents, and a defined list of professionals — architects, dentists, engineers, lawyers, doctors. The list is tighter than employers like to claim.

What should I do if my Canadian employer is not paying me overtime?

Don't trust the company timeclock alone — keep your own log.Track every shift in a notebook, calendar, or phone app. Daily entries beat reconstructing months later.Raise unpaid overtime with your employer in writing — email is fine and creates the paper trail you'll need.If nothing changes, file with the Labour Program inside the 24-month window.

What mistakes should I avoid with overtime pay?

Don't agree to work "off the books." Hours that aren't recorded are hours you'll struggle to prove existed.Don't assume "salaried" means no overtime. A salary alone doesn't put you in the exempt list.Don't let banked time be forced on you. If you'd rather take the money, the choice must be voluntary and in writing.

Overtime Pay in other states

Same topic, different jurisdiction. Pick the one that applies to you.

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