An employer shall pay an employee overtime pay of at least one and a half times their regular rates for each hour of work in excess of 44 hours in each work week or, if another threshold is prescribed, that prescribed threshold

• If an employee has 2 or more regular rates for work performed for the same employer in a workweek

  • an employee gets overtime after the threshold for overtime is reached

  • overtime pay is 1.5 times regular pay for whichever activity was being done in the hour

Averaging Arrangement

an employees hour may be averaged over a separate, non-overlapping, contiguous periods of two or more consecutive weeks for the purpose of determining the employee’s entitlement, if any, to overtime pay if,

• the employee has made an agreement with the employer that their hours of work may be averaged over periods of a specified number of weeks

• the average period does not exceed 4 weeks or the number of weeks specified in the agreement, whichever is lower

Terms of Agreement

• not valid unless it provides a start date and expiry date

• if the employee is not represented by a trade union, the term cannot be longer than 2 years

• if the employee is represented. by a trade union, the term is no longer than the day the subsequent collective agreement comes into operation

• an agreement may be replaced to clear

  • in order to make changes there must be an agreement between

Time off in lieu of overtime pay

An employee may be compensated for overtime hours by receiving one and a half hours of paid time off work for each hour of overtime work instead of overtime pay if:

• the employer and employee agree to do so

• the paid time off work is taken within three months of the work week in which the overtime was earned or, with the employee's agreement, within 12 months of that work week

• if the employment ends before the paid time off is taken, the employer shall pay the employee overtime pay for the hours that were worked.

Ont ESA Pt.VIII s.22