An employer must pay an employee who works over 8 hours a day,

• 1.5 times the employee's regular wage for the time over 8 hours, and

• 2 times the employee's regular wage for any time over 12 hours

For an employee who works 40 hours per week, the employer must pay an overtime rate of 1.5 times the normal wages for every hour more than 40 hours.

• When calculating weekly overtime, only the first 8 hours are counted, no matter how long the employee worked on those days

Banking overtime

• at the written request of the employee, an employer may establish a time bank for the employee and credit the employee’s overtime wages instead of paying them on the payment schedule biweekly

• if this is established the employee may at any time request any of the following

  • pay the employee all or part of the overtime wages credited to the time bank

  • allow the employee to use the credited overtime wages to take time off with pay at a time agreed upon by the employer and employee

  • close the time bank

• An employer may close an employees time bank after one month’s written notice

• within 6 months of the closing of a time bank, the employer must

  • pay the employee all or part of the overtime wages credited to the time bank

  • allow the employee to use the credited overtime wages to take time off with pay at a time agreed upon by the employer and employee

  • pay the employee part of the overtime credit and allow them to take the rest of time off with pay

• upon termination or written request of the employee, the employer must pay out all accredited credit in the time bank

BC ESA s.40-42