An employer must pay overtime to an employee for any hours worked over:

• 40 hours in a week or

• 8 hours in a day, depending on the employee's work schedule.

Even if the employer pays overtime, employees cannot be scheduled to work more than 16 hours in any 24-hour period unless there is an emergency.

An employer must pay overtime to an employee for any hours worked over the prescribed hours of work or as agreed between the employer and the union for employees who have a union as their bargaining agent.

Banking overtime

All employees who are eligible for overtime can request an overtime bank, but employers cannot require employees to enter into overtime bank agreements.

For every hour of overtime worked, 1.5 hours must be banked. Hours withdrawn from a bank must be taken during an employee's regularly scheduled work hours, and at a time or times agreed on by the employer and employee.

If there is no agreement, the employer can schedule the time off by providing the employee with at least one week of notice.

All banked hours withdrawn from the bank are considered regular hours worked and go towards calculating the overtime threshold for the week. Time taken from the bank is paid at the employee's current regular hourly wage.

All banked time must be taken off or paid out at the employee's current regular wage rate within 12 months of the time it was banked. Any banked time not taken within the 12-month period must be paid out at the employee's current hourly wage. Employees can request payouts of banked time; and the employer may make payouts, without closing the bank.

All overtime agreements must be:

• in writing

• agreed by the employee and the employer

• kept by the employer, and a copy provided to the employee

SK SEA s.2-18