Overtime Pay in Ontario
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 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.
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
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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