Which provinces have daily overtime in Canada?
British Columbia and Alberta both have daily overtime thresholds in addition to weekly thresholds. In BC, overtime is 1.5× after 8 hours in a day and 2× after 12 hours in a day (plus 1.5× after 40 hours in a week). In Alberta, overtime is 1.5× after 8 hours in a day or 44 hours in a week, whichever is more beneficial to the employee. Ontario, Manitoba, Saskatchewan, and Quebec only use weekly thresholds.
Can an employer average hours to reduce overtime obligations?
Yes, but only with a written averaging agreement or permit from the relevant employment standards authority. In Ontario, employers can average hours over a period of up to 4 weeks with written employee consent, which may reduce or eliminate overtime entitlement. In BC, variance permits can allow different overtime schedules for specific industries. These agreements must comply with ESA requirements.
Are salaried employees entitled to overtime pay in Canada?
It depends on the province and the employee's salary level and duties. In Ontario, managers and supervisors who exercise genuine managerial authority are exempt from overtime under the ESA. However, the exemption is narrowly construed — employees who are called managers but do not genuinely manage are entitled to overtime. Many employees mistakenly believe their salaried status exempts them.