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  • Conner Lantz
    Keymaster
    Post count: 4836

    Hi….we have salaried employees that typically work 37.5 hours per week (8:30 to 4:30 or 9 to 5, with 30 minute lunch breaks). Some of those salaried employees are not managers but are required to work some weekends (trade shows, etc.).
    Salaried employees who are not managers are still entitled to overtime after 44 hours of work, correct?
    They can receive paid time off in-lieu if they work more than 44 hours?
    If a salaried employee works their normal 37.5 hour week and then works an additional 4 hours on a Saturday, they would not be entitled to extra pay or time off in lieu, correct?
    If a salaried employee travels out of the province for work, does the travel time count in their overtime calculation?
    Thanks,
    Kyle

    Conner Lantz
    Keymaster
    Post count: 4836

    Labour laws differ from province to province. Usually though anyone who works more than 40 to 44 hours per week is owed overtime. The rate for this is one and a half times the standard amount. The law makes few distinctions about who qualifies.
    It’s commonly thought that only hourly workers are eligible. In truth everyone, even if on salary or commission, is technically owed compensation for extra hours worked, unless exempted by law.
    If an employee has managerial responsibilities, they generally do not qualify for overtime. Neither do professions such as lawyer, dentist and architect.
    In general travel time is not considered to be hours of work for the purposes of the Code. While there may be specific industry regulations or collective agreements that allow travel time as hours of work, these must be considered on a case-by-case basis.

    When considering whether travel time is work, the following principles should be taken into account:

    • Whether travel is an integral part of the job;
    • The degree of direction and control exerted by the employer;
    • Responsibility for the employer’s vehicle and/or equipment during travel.

    See: Canadian National Railway and Canadian Telecommunications Union, 1978 [1978] O.L.A.A. No. 11

    See: Ontario Public Service Employees Union (Daye) v. Ontario (Ministry of Natural Resources) [2008] O.G.S.B.A No. 40(QL)

    Travel time could be considered work in the following cases:

    • if the employee takes a company vehicle home in the evening for the employer’s convenience;
    • if the employee is required to transport other staff or supplies to or from the work place or work site; and
    • if the employee has a usual work place but is required to travel to another location to perform work.
    • if the employee is required to travel to different sites to carry out his functions, notwithstanding the fact that he does not drive the employer’s vehicle during such travel.

    Travel time is not considered work while commuting to and from the usual work place. It is well accepted that the time required by an employee to get to and from work – commuting time – is generally not considered work time regardless of whether the employee starts and ends his day at his residence or at the employer’s lodging.

    See: Lance Boot and Herzog Railroad Services of Canada Ltd. (YM2727-3387)

    See: Noah Allison v. 3359492 Canada Inc. o/a Meeker’s Aquaculture o/a Blue Goose (2016 CanLII 3622 (ON LRB))

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