Overtime Pay in British Columbia
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 British Columbia differs from federal law
BC's overtime rules under the Employment Standards Act differ from many other provinces by using a daily overtime threshold in addition to the weekly threshold.
- Overtime pay at 1.5 times the regular rate begins after 8 hours in a day or after 40 hours in a week.
- Double time applies after 12 hours in a day — this double-time provision is uncommon in Canada.
- Employers and employees can agree to an averaging agreement that averages hours over 1 to 4 weeks, which changes when overtime kicks in. Averaging agreements must be in writing.
- Some occupations are excluded from overtime rules under the Employment Standards Regulation, including certain managers, farm workers (who have separate rules), and high-technology professionals.
Additional Steps in British Columbia
If your employer is not paying overtime, file a complaint with the Employment Standards Branch within 6 months. Keep records of your actual hours worked, including start and end times each day.
Relevant Law: Employment Standards Act, RSBC 1996, c. 113, ss. 35–42; Employment Standards Regulation, BC Reg. 396/95, Part 4
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.
Overtime Pay in other states
Same topic, different jurisdiction. Pick the one that applies to you.