Three-Hour Rule

If an employee who regularly works more than 3 hours a day is required to present himself or herself for work but works less than 3 hours, despite being available to work longer, the employer is to pay the employee wages for 3 hours, equal to the greater of the following:

  1. the sum of:

    1. the amount the employee earned for the time worked and

    2. wages equal to the employee's regular rate for the remainder of the time

  2. wages equal to the employee’s regular rate for three hours of work

This is unless:

  • if the employer is unable to provide work for the employees because of fire, lightning, power failure, storms or similar causes beyond the employer’s control that result in the stopping of work

Ont. ESA Pt.VII.0.1 s.21.2