Can an Employer Force Mandatory Overtime?

Can an Employer Force Mandatory Overtime?

What Is Overtime Pay in Ontario?

Overtime pay can be a boon for employees trying to make the most they can at their jobs. However, there can be situations where overtime work would interfere with other life obligations or fatigue an employee.  But what’s the situation for provincially regulated employees in Ontario? Can an employer force mandatory overtime on them?

Per the Employment Standards Act, 2000 (“ESA”), overtime pay begins to kick in for any work done beyond 44 hours in a week. Any overtime work must be paid at 1.5 times the employee’s regular wage rate.  Overtime hours can be averaged over up to a four-week period, but only if there is an agreement in writing between the employer and the employee.

How Many Hours Can an Employee Be Required to Work?

The ESA states that an employer, by default, cannot require an employee to work more than eight hours per day (or more than whatever the employer established as the length of a regular work day) or more than 48 hours per week. An employer and employee can come to an agreement to work more than these number of hours, so long as the employee is provided certain documents outlining their rights from the Ministry of Labour. Further, an employee can always revoke such an agreement upon providing two weeks’ written notice to their employer.

There are various jobs that are not paid for overtime, including but not limited to managers, supervisors, information technology professionals, lawyers, and engineers. The definitions can be less clear-cut than they might seem, especially for managers and supervisors. Simply having the job title is not sufficient. The application of the exemption requires a facts-based analysis of whether an employee truly does fall under this category.

What Happens If You Refuse to Work Overtime?

It is important to understand the lay of the land when it comes to employment standards for overtime. An employer does not have an unfettered right to make you work overtime hours. In situations where an employer cannot impose it, and you have a corresponding right to refuse, discipline or termination in response is illegal. Not only can it not be used to terminate for cause and deprive you of your entitlements upon termination, but you might be able to secure general damages for the ESA violation as well.

Get Help with Overtime Pay Issues Today

An experienced employment lawyer can provide guidance on your rights relating to overtime and chart out the path to secure as favourable a settlement for you as possible following the end of your employment. If you have any questions regarding overtime rules, please contact Whitten & Lublin online or by phone at (416) 640-2667 today.

Author – Sohrab Naderi