Overtime Pay in Manitoba
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 Manitoba differs from federal law
Under Manitoba's Employment Standards Code, overtime begins after 8 hours in a day or 40 hours in a week, whichever provides the greater benefit to the employee. Overtime must be paid at 1.5 times the employee's regular wage.
- Manitoba's daily overtime threshold of 8 hours is more protective than provinces that only track weekly hours.
- An employer and employee can agree in writing to bank overtime hours as time off in lieu. Banked time is credited at 1.5 hours off for each overtime hour worked, and must be taken within 3 months.
- Certain workers are exempt from overtime, including managers and supervisors whose primary duty is supervision, certain professionals, and workers in specified industries listed in the regulations.
- Construction workers in Manitoba may have overtime calculated differently under industry-specific agreements registered with the Employment Standards Branch.
Additional Steps in Manitoba
Keep your own records of hours worked. If you believe you are owed overtime, file a complaint with the Employment Standards Branch at 204-945-3352 or 1-800-821-4307. You can recover unpaid overtime for up to 6 months before the date of your complaint.
Relevant Law: Employment Standards Code, CCSM c. E110, ss. 16–24 (Hours of Work and Overtime)
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.