Overtime Pay in Alberta

Overtime pay is provided to non-unionized employees in Alberta when they work beyond a certain number of hours within a given week.

This resource provides facts about overtime, how it works, and when it must be paid, and busts the many myths about additional pay for extra work. This information applies to provincially regulated employees. Federally regulated employees living in Alberta (such as banking or airline employees) are governed by a different set of rules.

Watch the video below from the Employment Law Show, featuring employment lawyer Lior Samfiru, and read on to learn more about your right to overtime pay in Alberta.

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Am I entitled to overtime pay in Alberta?

Yes, non-unionized employees in Albert are entitled to overtime pay if they work more than 44 hours per week or more than eight hours in one day (whichever amount is greater).

This fact is set out in Alberta’s Employment Standards Code (ESC).

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Do salaried employees get overtime pay?

Yes, both salaried and hourly employees are entitled to overtime pay in Alberta.

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Alberta Overtime Pay Calculator – How do I calculate overtime pay in Alberta?

Overtime pay in Alberta is calculated at a rate of 1.5 times an employee’s hourly rate. If you are trying to calculate the amount of overtime pay you should receive by the hour:

• Divide your weekly salary by 44 hours
• Multiply your hourly rate by 1.5

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What is the 8/44 rule?

The 8/44 rule is used to determine how much overtime pay someone in Alberta should receive. Any extra hours worked after 8 hours in a given day or 44 hours in a particular week (whichever amount is greater) is overtime.

The 8/44 rule does not apply to individuals exempt from overtime pay.

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Who is exempt from overtime pay?

In Alberta, managers, supervisors and individuals employed in a confidential capacity are exempt from overtime pay.

Other individuals who are exempt from overtime pay include (but are not limited to):

• Salespeople
• Extras in a film
• Counsellors at a non-profit camp for children
• Lookout observers at a wildfire
• Non-family farm ranch employees
• Certain professionals, such as lawyers, dentists, engineers, optometrists, and psychologists, among others

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Are managers entitled to overtime pay?

In Alberta, most managers and supervisors are not entitled to overtime pay.

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Can my employer make me work overtime?

An Alberta employer cannot force an employee to work additional hours if those hours are not a part of the employee’s regular work schedule.

The exceptions to this include if:

• You have signed an employment contract that allows your employer to require you to work additional hours outside your regular work schedule. Your employer is still required to pay overtime pay in this case.
• Your employer has a history of requesting you to work overtime, and you have a history of saying yes to their request.

Always have your employment contract reviewed by an employment lawyer before you sign to ensure that your employer cannot force you to work additional hours beyond your regular schedule.

Your employer can fire you if they ask you to work overtime and you refuse. While the company can let you go through a termination without cause, they must give you a full severance package – as much as 24 months’ pay. Refusal to work extra hours does not constitute at termination for cause in Alberta.

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I need to work overtime and my employer won’t let me

If an employee must legitimately work overtime to complete the tasks of their job, their employer is required to pay the employee for the overtime worked.

The employer may choose to discipline the employee for working unapproved overtime, however, the employee must still be paid.

SEE ALSO
• Reprisals at work in Alberta: Know your rights
• Employment Law Show: What to know about workplace reprisals

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What should I do if I’m not getting paid overtime?

There are options you can pursue if your employer fails to provide you with your legitimately earned overtime pay.

Talk to your employer

First, you should raise the issue with your employer and try to resolve the matter without resorting to formal proceedings. It may be the case that an innocent mistake was made, and the incorrect amount of overtime was recorded.

Contact Employment Standards 

If your employer refuses to pay overtime, you can file a complaint with the Employment Standards. You can find out more about filing a complaint on their website.

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Am I owed overtime pay when I lose my job?

Yes. Overtime should be factored into the severance pay you receive when you lose your job.

When a non-unionized employee in Ontario is laid off or terminated without cause, they must receive severance pay under common law.

Severance pay can be as much as 24 months’ pay, and is calculated using various factors. Those factors include an employee’s age, position and length of employment.

A comprehensive severance package should also take into account an employee’s unpaid overtime, bonuses, vacation pay, car allowance, or health-related benefits.

READ MORE
• Bonuses and Severance Pay
• Are you still entitled to your bonus after termination?

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Is there a time limit to claim overtime pay?

There is a two-year time limit to claim unpaid overtime pay in Alberta. This is also called the limitation period.

If you are owed unpaid overtime pay, and you have been able to secure payment, speak to an employment lawyer at Samfiru Tumarkin LLP as soon as possible.

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