Overtime Pay — Ontario
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?
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 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 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 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 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.
How Ontario differs from federal law
Under the Ontario Employment Standards Act, 2000, overtime kicks in after 44 hours in a work week — not 40 hours like the federal standard. Your employer must pay you 1.5 times your regular rate for every hour over 44.
- The standard maximum work day is 8 hours and the standard maximum work week is 48 hours, unless your employer has a written agreement with you or an approval from the Director of Employment Standards to exceed these limits.
- You and your employer can agree in writing to bank overtime as paid time off instead of overtime pay. Banked time must be taken within 3 months (or 12 months if agreed in writing) and is credited at 1.5 hours off for each overtime hour.
- Some workers are exempt from overtime, including managers and supervisors (those whose work is supervisory in character), IT professionals, certain regulated health professionals, and others listed in O. Reg. 285/01.
- Averaging agreements: An employer can apply to the Director of Employment Standards (or use a collective agreement) to average hours over multiple weeks, which changes when overtime applies.
- Right to Disconnect (ESA s. 21.1.2): Under the Working for Workers Act, 2021, Ontario employers with 25 or more employees on 1 January of any year must have a written policy on disconnecting from work in place by 1 March, covering after-hours email, calls, and other electronic communications.
- Electronic monitoring policy (ESA s. 41.1.1): Same 25-employee threshold — employers must publish a written policy disclosing whether and how they monitor employees electronically (in force 11 October 2022).
Additional Steps in Ontario
Keep your own records of hours worked. If you believe you are owed overtime pay, file a claim with the Ministry of Labour at ontario.ca/employmentstandards or call 1-800-531-5551. You can recover up to 2 years of unpaid overtime.
Relevant Law: Employment Standards Act, 2000, S.O. 2000, c. 41, ss. 17–22 (Hours of Work and Overtime); O. Reg. 285/01
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.