Publisher's Desk|Headspace|Canadian HR Law|HR Policies & Practices|Employment Law|The Corner Office|HR Guest Blog

Overtime risks and misconceptions

Can an employer force people to work overtime? If employees work unpaid overtime without authorization, do they have to be paid?

By Stuart Rudner

My daily interactions with HR professionals, in-house counsel and small business owners, as well as my recent review of the final exams submitted in the HR Law for HR Professionals course held by Osgoode Professional Development, revealed many misconceptions regarding overtime. I will address some of these below.

Overtime is not mandatory

An employer cannot force an employee to work overtime, except in the rarest of circumstances. Of course, employees can agree to work overtime.

Overtime does not have to be authorized in order to be compensable

If an employee legitimately works overtime, they are entitled to the appropriate pay or time off in lieu thereof. An employer cannot take the position the overtime was not authorized and refuse to pay for it. However, it’s advisable to put a policy in place stating all overtime must be authorized. While the employer cannot refuse to pay for unauthorized overtime, it can discipline the employee for breaching that policy. Discipline can include dismissal in appropriate circumstances. This should discourage employees from working overtime without obtaining prior approval.

Check exemptions carefully

By default, all employees are entitled to overtime pay or time off in lieu thereof. However, certain categories of workers are exempt. Contrary to popular opinion, this has nothing to do with how an individual is paid.

Salaried employees are just as entitled to overtime pay as those paid by the hour. The exemptions are based upon job duties, with the most common being that of managers or supervisors. The title doesn’t matter — it’s the true nature of the individual’s duties and, if it’s not truly a managerial or supervisory position, then the worker will be entitled to overtime pay.

This can be the case where a portion of the employee’s duties are non‑managerial or supervisory.

Checking and responding to e-mails counts as overtime

Lately, organizations have been giving out BlackBerrys and similar devices like candy, without much consideration for whether the particular employee needs to have such a device.

The result is, often, employees feel they are expected to check and respond to e‑mails when off duty. Such time can certainly count as hours of work, and therefore toward entitlement to overtime pay. Organizations should have specific policies in place regarding when employees are expected to check and respond to e‑mail and, conversely, when they should not be doing so. For those that do not need to check email while off-duty, a clear policy prohibiting them from doing so can and generally should be implemented.

Obviously, these policies will vary depending upon the nature of the position. However, such a policy can be used to refute the allegation employees were expected to work while off duty. That said, if the practice is inconsistent with the policy, then the policy will be ineffective.

In addition to the issues addressed above, many organizations do not appreciate the availability of averaging agreements. These agreements allow the employer to average a specific employee’s hours of work over a period of several weeks for purposes of calculating eligibility for overtime pay. This is effective where an employee has hours of work that vary significantly from week to week. By way of example, by default, if an employee in Ontario worked 48 hours one week and 30 the next, then they would be entitled to four hours of overtime in the first week. However, if there was an averaging agreement in place, then the average hours of work would be 37, and no overtime would be payable. It is important to note such agreements are entirely voluntary.

In light of well-publicized overtime class actions in recent years, and the many misconceptions that seem to exist, organizations are well advised to review their policies and procedures with respect to overtime and overtime pay in order to ensure that they are both compliant with applicable laws and strategic in terms of minimizing their obligations.

Stuart Rudner is a partner with Miller Thomson LLP in Ontario, specializing in employment law. He provides clients with strategic advice regarding all aspects of the employment relationship, and represents them before courts, mediators and tribunals. He is author of You’re Fired: Just Cause for Dismissal in Canada, published by Carswell. He can be reached at (905) 415-6767 or srudner@millerthomson.com. You can also follow him on Twitter @CanadianHRLaw, join his Canadian Employment Law Group on LinkedIn, and connect with him on Google+.

Stuart Rudner

Stuart Rudner is a founding partner of Rudner MacDonald LLP in Toronto. Follow him on Twitter @CanadianHRLaw. He can be reached at srudner@rudnermacdonald.com.
CLICK TO COMMENT ON THIS BLOG POST
(Required)
(Required, will not be published)
(Required)
All comments are moderated and usually appear within 24 hours of posting. Email address will not be published.
155 Comments
  • Concern With clause in contract
    Friday, June 24, 2016 9:46:00 AM by Stuart Rudner
    Thank you for your question. You should certainly be concerned, as the wording of this contract would require you to you work substantially more hours than you had verbally agreed, with no additional pay. Whether you are truly a managerial employee and therefore exempt from the overtime entitlement is an open question, as title alone will not be the deciding factor. However, I would certainly recommend that you be cautious about signing this. If you would like to have our firm review the offer with you and discuss your options, please feel free to contact me at srudner@rudnermacdonald.com.
  • Vacation pay on overtime for salary employee?
    Wednesday, March 2, 2016 9:27:00 PM by Stuart Rudner
    Christine, unless your husband is in one of the categories of workers that is exempt from overtime, then he should receive it regardless of how he is paid. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail.

    As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you
  • Overtime risks and misconceptions
    Sunday, February 28, 2016 6:52:00 PM by Stuart Rudner
    Steph, as a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • forced overtime
    Saturday, January 30, 2016 10:44:00 AM by Stuart Rudner
    Generally speaking you can't be forced to work overtime but it will depend on factors such as the industry, contract, policies, etc. Are you unionized?
  • Forced Flex Time
    Wednesday, January 27, 2016 10:48:00 AM by Stuart Rudner
    Kelly, further to our email discussion, I strongly suggest that you consult with an employment lawyer.
  • Unions
    Sunday, January 17, 2016 11:28:00 AM by Stuart Rudner
    Shawn, if you are represented by a union, I suggest that you speak with your union representative about your concerns.
  • No choice over time
    Sunday, January 17, 2016 11:18:00 AM by Stuart Rudner
    Hi Kevin,
    I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • Property Management Company will not pay Overtime
    Monday, January 11, 2016 9:11:00 AM by Stuart Rudner
    Donna, if someone is fired for trying to enforce their legal rights, that is a reprisal and can lead to additional claims. I encourage your husband to obtain legal advice. Our firm would be pleased to assist him, and I can be reached at srudner@rudnermacdonald.com.
  • single dad
    Wednesday, January 6, 2016 1:45:00 PM by Stuart Rudner
    Pogi, you should seek legal advice to ensure that you understand and enforce your rights. Feel free to email me at srudner@rudnermacdonald.com.
  • To be paid salary or hourly ?
    Saturday, December 5, 2015 11:28:00 AM by Stuart Rudner
    Tony, it sounds like you need to speak with an employment lawyer. We'd be happy to help you, and can be reached at info@rudnermacdonald.com.
  • forced OT
    Sunday, November 29, 2015 9:54:00 PM by Stuart Rudner
    Jason, if you are unionized, you will need to speak with your union rep.
  • Time sheet signed, pay changed
    Sunday, November 29, 2015 9:50:00 PM by Stuart Rudner
    The simple answer is that you should contact the Ministry.
  • Must withdraw from overtime bank within 90 days?
    Monday, October 26, 2015 9:14:00 AM by Stuart Rudner
    Jared, it will depend on the circumstances, but it sounds as though there may be a breach of the legislation. You should ask the Ministry or contact a lawyer. Our firm would be pleased to assist if we can.
  • Pager over lunch
    Wednesday, October 14, 2015 11:18:00 PM by Stuart Rudner
    Mike, if you are required to be available during your break, then you may well be entitled to pay. I suggest that you contact your Ministry of Labour to assess your rights.
  • Flex Time
    Wednesday, July 15, 2015 8:38:00 AM by Stuart Rudner
    Steve, what they are asking you to do is effectively banking your time. Any overtime (as defined in legislation) must be paid at time and a half or lieu time at time and a half.
  • Overtime work in butchery
    Wednesday, July 15, 2015 8:30:00 AM by Stuart Rudner
    M, the Ministry investigates most complaints and will usually take multiple complaints even more seriously. You should ensure that you are paid for the time you work, and the overtime at an appropriate rate.
  • Overtime worked but banked TIL taken in same week
    Wednesday, June 17, 2015 11:04:00 PM by Stuart Rudner
    Sarah, I suggest that you contact your Ministry of Labour for assistance.
  • Mandatory weekend meeting
    Wednesday, June 17, 2015 10:58:00 PM by Stuart Rudner
    Sara, you may want to contact your Ministry of Labour for assistance. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Night Audit
    Wednesday, June 17, 2015 10:56:00 PM by Stuart Rudner
    Sophie, I suggest that you contact your Ministry of Labour for assistance.
  • Overtime risks and misconceptions
    Wednesday, June 17, 2015 10:54:00 PM by Stuart Rudner
    Mike, you may be able to seek advice from your Ministry of Labour. Alternatively, though I cannot offer legal advice to you online, I would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Forced overtime
    Monday, June 1, 2015 12:54:00 PM by Stuart Rudner
    Kevin, there is not, in most cases, mandatory overtime. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Non-Premium pay for hours worked over 44
    Monday, June 1, 2015 8:44:00 AM by Stuart Rudner
    Andrew, the answer will depend upon the contract in place, among other things. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Tax Prep
    Tuesday, April 14, 2015 6:26:00 PM by Stuart Rudner
    Trevor, overtime is generally not mandatory, with some exceptions. That said, there are political and practical considerations as well. I would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • 6 hours between shift
    Tuesday, February 10, 2015 9:39:00 AM by Stuart Rudner
    Jason, the specific rules vary from jurisdiction to jurisdiction. Some measure hours by day, others by week. Our firm would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • company uses "flex time" to avoid paying overtime
    Tuesday, February 10, 2015 9:38:00 AM by Stuart Rudner
    Anthony, generally speaking, overtime cannot be "converted", in the sense that the employee must receive the overtime pay, or time in lieu, that the legislation provides.
  • does travel time go towards overtime?
    Sunday, February 8, 2015 9:45:00 AM by Stuart Rudner
    Ray, travel time (aside from the normal commute to and from work) will usually count as hours of work. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • mandatory overtime
    Sunday, February 8, 2015 9:44:00 AM by Stuart Rudner
    Mike, generally speaking, employees cannot be forced to work overtime. Much will depend on the express or implied terms of your contract. Our firm would be happy to advise you, either individually or as a group. You can reach me at srudner@rudnermacdonald.com.
  • Forced yo work Weekends
    Monday, January 26, 2015 9:04:00 PM by Stuart Rudner
    Robert, an employer cannot make substantial changes to fundamental terms of employment. Much will depend on the terms of your contract. f you would like advice on your specific situation, you can contact me at srudner@rudnermacdonald.com.
  • Salaried employee
    Monday, January 26, 2015 9:03:00 PM by Stuart Rudner
    Karianne, the answer will depend upon the terms of your contract. If you would like advice on your specific situation, you can contact me at srudner@rudnermacdonald.com.
  • on overtime vacation 4%
    Monday, January 26, 2015 8:56:00 PM by Stuart Rudner
    Patel, vacation pay is generally calculated based on total wages and not just base pay. However, you may want to get advice regrading your particular situation.
  • day off. employer calls for information
    Saturday, January 10, 2015 11:04:00 PM by Stuart Rudner
    Rose, you may not have to respond to inquiries on your day off, but the answers to your questions will depend on all the details. We would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Roll off Driver that work on Waste disposal industry
    Monday, January 5, 2015 6:19:00 PM by Stuart Rudner
    Metsela, I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com. I would have to know all of the details, including your jurisdiction, terms of employment, etc.
  • "Different Departments"
    Friday, December 12, 2014 3:27:00 PM by Stuart Rudner
    Amanda, it certainly sounds as though you need legal advice. If you would like to meet with one of our lawyers, you can contact me at srudner@rudnermacdonald.com.
  • Overtime for Manager position in BC
    Friday, December 12, 2014 3:26:00 PM by Stuart Rudner
    Joanna, generally speaking, if you have a contract (verbal or written), it cannot be unilaterally changed by the employer. It sounds as though you should consult an employment lawyer; if you would like to meet with someone in our office, you can contact me at srudner@rudnermacdonald.com.
  • overtime
    Thursday, December 11, 2014 9:43:00 AM by Stuart Rudner
    Cara, employees can agree to bank overtime but any overtime pay or banked time must be at time and a half once it exceeds statutory maximum hours.
  • Mandatory Offsite Meeting Pay
    Saturday, November 15, 2014 10:01:00 AM by Stuart Rudner
    Mary, generally speaking, time at work is to be paid, and that includes travel time to meetings and other events (not commuting to work). If events are mandatory or effectively mandatory, they are time at work. However, every situation is different and has to be assessed on its own facts. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • 13 hour day
    Thursday, October 30, 2014 10:53:00 PM by Stuart Rudner
    Saurav, generally speaking, you cannot be penalized for protecting and enforcing your rights. However, every case will depend upon its specific facts.
  • 18 hour day
    Friday, October 24, 2014 2:55:00 PM by Stuart Rudner
    Erickmary,

    Your email raises a number of issues, including the obligation to provide breaks and the entitlement to overtime. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • mandatory meetings
    Wednesday, October 8, 2014 3:28:00 PM by Stuart Rudner
    my employer makes mandatory meetings on my days off but isnt paying everyone for showing up, is this legal? please email me.

    Camron, as I advised someone else, time at work is generally to be paid. I'd be happy to advise you on your specific situation; you can email me at srudner@rudnermacdonald.com.
  • "Mandatory Meeting On Unpaid Lunch"
    Wednesday, October 8, 2014 3:27:00 PM by Stuart Rudner
    Amy, generally speaking an employee that is required to attend meetings is entitled to be paid for that time. I'd be happy to advise you on your specific situation; you can email me at srudner@rudnermacdonald.com.
  • employer paying for 15hrs of work but I work 9-5, five days a week
    Friday, September 5, 2014 8:31:00 AM by Stuart Rudner
    Sam, that sounds like an interesting situation but generally speaking, an employer cannot pick and choose which hours of work they pay for. I'd be happy to meet with you to discuss your rights.
  • Overtime in automotive industry for assistant manager
    Sunday, August 17, 2014 10:12:00 PM by Stuart Rudner
    Jessica, as the article indicates, time beyond 44 hours in a week is generally to be paid at time and a half (in Ontario). However, there are other factors to consider, including the nature of the employee's position. If he would like to discuss his specific situation, please ask him to contact my assistant at mkadric@rudnermacdonald.com.
  • Forced Sunday travel for Monday meetings
    Wednesday, August 13, 2014 9:57:00 PM by Stuart Rudner
    John, generally speaking, travel time (aside from normal commuting) counts as time worked, and should be compensated. I'd be happy to meet with you to discuss your specific situation. Feel free to email me at srudner@rudnermacdonald.com.
  • Can Engineers be forced to work overtime
    Wednesday, July 30, 2014 5:23:00 PM by Stuart Rudner
    Generally speaking, overtime is voluntary. However, I cannot comment on a specific situation without knowing all of the underlying facts. If you would like to schedule a consultation, please contact me at srudner@rudnermacdonald.com.
  • Employer doews not pay overtime for extra hours worked
    Sunday, July 27, 2014 1:29:00 PM by Stuart Rudner
    Yvr, that does not sound like it is a lawful way to compensate for overtime. If you would like to arrange a consultation to discuss your options, please email me at srudner@rudnermacdonald.com.
  • Salaried at 40/hrs a week.. but work 3.75hrs more unpaid??
    Thursday, July 17, 2014 6:23:00 PM by Stuart Rudner
    Brittany, entitlement to overtime is not dependent on how you are paid (salary vs hourly) but on the nature of your position. If you would like to arrange a consultation to discuss your rights, please contact me at srudner@rudnermacdonald.com.
  • Professionals (Engineers an Overtime)
    Tuesday, July 15, 2014 8:27:00 AM by Stuart Rudner
    Dan,

    While some employees are exempt from statutory overtime pay, they may still be entitled to additional pay contractually. It will depend on the specific circumstances.
  • Forced to work overtime
    Tuesday, June 24, 2014 10:01:00 AM by Stuart Rudner
    Kelli, generally speaking, an employer cannot simply change the terms of employment as you describe. However, much will depend upon the specific circumstances. I would be happy to meet/speak with you and your colleagues to discuss the matter in detail. You can reach me at srudner@rudnermacdonald.com.
  • threatened to be fired for not working overtime
    Sunday, June 15, 2014 8:49:00 PM by Stuart Rudner
    Amanda, it sounds as though you have several issues that would be worth discussing. We can schedule a time to meet via phone or Skype; please contact me at srudner@rudnermacdonald.com.
  • business travel outside of canada
    Tuesday, June 10, 2014 8:19:00 AM by Stuart Rudner
    Nina, attendance at mandatory meetings, conferences and the like generally counts as time worked. If you would like to discuss your specific situation, please contact me at srudner@rudnermacdonal.com.
  • Mandatory overtime despite Collective Agreement
    Wednesday, June 4, 2014 12:08:00 AM by Stuart Rudner
    Jen, if you are part of a collective bargaining unit, then the union is your legal representative and you should work through them.
  • Hourly overtime
    Wednesday, May 28, 2014 6:05:00 PM by Stuart Rudner
    Nancy, as the article explains, entitlement to overtime has nothing to do with whether the employee is paid by the hour or by salary; exemptions are based upon the nature of their duties.

    If you would like to discuss your personal situation, please contact me at srudner@rudnermacdonald.com.
  • Kitchen Supervisro
    Saturday, April 26, 2014 8:55:00 PM by Stuart Rudner
    Chris, I'd be happy to help you offline. Please contact me at srudner@rudnermacdonald.com.
  • Mandatory overtime
    Thursday, April 24, 2014 8:24:00 AM by Stuart Rudner
    Boe, I would be pleased to advise you offline. Please email me at srudner@rudnermacdonald.com.
  • Overtime risks and misconceptions
    Wednesday, February 12, 2014 6:56:00 PM by Stuart Rudner
    Hi Kody,

    I cannot offer advice via internet but would be pleased to give you the advice you need. You can reach me at srudner@rudnermacdonald.com.
  • Can I Say No To Mandatory Overtime
    Sunday, January 12, 2014 7:52:00 PM by Stuart Rudner
    P, I cannot offer legal advice online but invite you to contact me at srudner@rudnermacdonald.com.

    Stuart
  • Overtime pay exceptions
    Saturday, November 30, 2013 9:14:00 AM by Stuart Rudner
    Jennie, that sounds like another myth. Where did you hear it?
  • extra hours vs overtime!
    Sunday, June 23, 2013 10:34:00 PM by Stuart Rudner
    Lorraine, it is not that simple. First, there are limits on how long the time off in lieu can be deferred, failing which it must be paid in cash. Similarly, if the employment relationship ends, accrued OT must be paid.
  • Canada Post's new way of doing business.
    Monday, February 4, 2013 4:54:00 PM by Stuart Rudner
    Bill,

    Thanks for your post. I encourage you to contact me at srudner@millerthomson.com so we can discuss.
  • Payment for hours travelled on a weekend
    Tuesday, January 22, 2013 11:01:00 PM by Stuart Rudner
    Karen, I can't offer advice on this public blog, but would be happy to speak with you privately. Feel free to call or email me.

    Stuart
  • Overtime risks and misconceptions
    Monday, October 15, 2012 9:26:00 AM by Stuart Rudner
    I would definitely consult with a lawyer to explore and understand your rights and obligations.
  • Different calculations for overtime
    Thursday, February 23, 2012 4:14:00 PM by Stuart Rudner
    The Ministry of Labour sets out guidelines for payment of overtime pay to commissioned employees:

    Employees Who Are Paid Wages That Are Not Based on the Hours Worked

    Some employees' wages are not based on the number of hours they work in a week but instead are paid by the number of pieces they complete and/or by commission. These employees must be paid at least the minimum wage for all the hours they work. They are also usually entitled to overtime if they work more than 44 hours a week.

    Calculating the overtime for piecework or straight commission employees

    Becka is paid on a piecework basis. Rhian earns straight commissions. They both worked 48 hours this work week and each received a total of $480.00.

    First the regular (non-overtime) hourly rate of pay is calculated:

    $480.00 ÷ 44 hours = $10.91

    Their regular hourly rate of pay is $10.91.
    Then the hourly overtime rate is calculated:

    $10.91 regular rate × 1½ = $16.37

    Their overtime rate is $16.37 for every hour in excess of 44 hours.
    Next, the amount of overtime worked is calculated:

    48 hours − 44 hours = 4 hours of overtime.
    The overtime pay is calculated:

    4 hours × $16.37 an hour = $65.48

    They are each entitled to $65.48 in overtime pay.
    Finally, the regular pay and overtime pay are added together:

    Regular pay: $480.00
    Overtime pay: 65.48
    Total pay: $545.48

    Result: Becka and Rhian are each entitled to total pay of $545.48.

    Calculating the overtime for hourly rate plus commission employees

    Justine is paid $15.00 an hour plus commissions. In one work week she worked 50 hours and was paid $750.00 in hourly wages plus $200.00 in commissions.

    First Justine's regular rate is calculated:

    $750.00 + $200.00 = $950.00 total wages paid

    $950.00 ÷ 44 hours = $21.59 an hour

    Justine's regular rate is $21.59 an hour.
    Then her overtime rate is calculated:

    $21.59 regular rate × 1½ = $32.29

    Her overtime rate is $32.39.
    Next her overtime wages are calculated:

    6 hours × $32.29 an hour = $194.34

    She earned $194.34 in overtime wages.
    Because Justine was paid $15.00 per hour for all hours she worked, including her 6 overtime hours, she has already received $90.00 in respect of her overtime entitlement.

    Result: Justine was entitled to $194.34 for overtime pay and was paid $90.00. Her employer therefore owes her an additional $104.34.
  • Can a salaried employee be forced to work unpaid overtime?
    Wednesday, February 22, 2012 9:46:00 AM by Stuart Rudner
    As set out in the article, entitlement to overtime pay is not based on the method of payment (i.e. salaried or hourly) but on the duties of the worker. True managers and supervisors are exempt.
  • overtime for a car salesman
    Monday, February 13, 2012 8:09:00 AM by Stuart Rudner
    Hi Phil,

    Car salespeople are entitled to overtime pay in Ontario. According to the Ministry website:

    Calculating the overtime for piecework or straight commission employees

    Becka is paid on a piecework basis. Rhian earns straight commissions. They both worked 48 hours this work week and each received a total of $480.00.

    First the regular (non-overtime) hourly rate of pay is calculated:

    $480.00 ᅱ 44 hours = $10.91

    Their regular hourly rate of pay is $10.91.
    Then the hourly overtime rate is calculated:

    $10.91 regular rate ? 1? = $16.37

    Their overtime rate is $16.37 for every hour in excess of 44 hours.
    Next, the amount of overtime worked is calculated:

    48 hours ? 44 hours = 4 hours of overtime.
    The overtime pay is calculated:

    4 hours ? $16.37 an hour = $65.48

    They are each entitled to $65.48 in overtime pay.
    Finally, the regular pay and overtime pay are added together:

    Regular pay: $480.00
    Overtime pay: 65.48
    Total pay: $545.48

    Result: Becka and Rhian are each entitled to total pay of $545.48.

    I'd be happy to work with you to make sure this is done properly. Employment agreements and policies can be used effectively to control your obligations.
  • Overtime in excess of 40 hours but under 44 hours per week
    Friday, January 13, 2012 8:50:00 AM by Stuart Rudner
    Good point Brian. Gets back to one of my mantras - use employment agreements. In this context, employers can do in order to establish the expected hours of work - this will be particularly relevant for salaried employees who may take the position that they are entitled to overtime if they stay late one day.