Overtime Pay in B.C.

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

This resource provides facts about a non-unionized employee’s right to overtime pay in B.C., how it works, and when it must be paid. This information applies to provincially regulated employees. Federally regulated employees living in B.C. (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 B.C.

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Am I entitled to overtime pay in B.C.?

Non-unionized and non-exempt employees are entitled to overtime pay when:

• They work over eight (8) hours in a day: If an employee works more than 8 hours, but less than 12 hours, in a day, he or she is entitled to be paid time-and-a-half. For any time worked in excess of 12 hours in a day, the employee is entitled to be paid double time.
• They work over forty (40) hours in a week (Sunday to Saturday): If an employee works more than 40 hours per week, he or she is entitled to be paid time-and-a-half for every hour worked in excess of 40 hours. Note that under subsection 40 (3) of the Employment Standards Act (ESA), “only the first 8 hours worked by an employee in each day are counted” towards the 40-hour threshold.

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Do salaried employees get overtime pay?

Yes, employees in B.C. who make an annual salary are entitled to overtime pay.

Workers are entitled to overtime regardless of whether they are paid hourly, a monthly salary, an annual salary, or are paid based on commission.

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How do I calculate overtime pay in B.C.?

For salaried employees in B.C., the hourly wage for the purpose of determining the overtime wage rate can be calculated by:

• Taking your annual salary
• Dividing your salary by 52 weeks
• Then dividing the amount by the normal amount of hours worked per week

Example: if you earn an annual salary of $50,000.00 and you work 40 hours per week, your hourly wage rate would be calculated as: $50,000.00, divided by 52 weeks, divided by 40 hours per week = $24.04 per hour.

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Who is exempt from overtime pay?

In B.C., managers and supervisors are exempt from overtime pay.

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

• Bus drivers (in certain situations)
• Truck drivers (in case of mechanical breakdown)
• Miners (when the cause is beyond the employer’s control)
• First aid attendants (in certain situations)

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Are managers entitled to overtime pay?

In B.C., most managers and supervisors are exempt from overtime pay.

However, simply because an employee has a management title does not necessarily mean he or she is a “manager” under the ESA and exempt from overtime pay.

A manager is an employee whose principal employment responsibilities consist of supervising or directing, or both supervising and directing, human or other resources, OR is employed in an executive capacity.

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Can my employer make me work overtime?

Your employer cannot make you work overtime hours if they are not your regular hours of work. There are two general exceptions to that rule:

• Your employment agreement, whether verbal or written, may allow your employer to require you to work more hours outside of your regular workday. The employer is still required to pay you for overtime hours. Read your employment contract and have it reviewed by an employment lawyer at Samfiru Tumarkin LLP for more clarity on your rights.
• There is a history of your employer asking you to work overtime and you agreeing to their request.

Even if an employee agrees to work overtime hours, they cannot be forced to work excessive hours or hours detrimental to their health or safety.

The ESA does not define “excessive” as a specific number of hours and the question of what constitutes “excessive” is contextual and case-specific.

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Can I be fired for refusing to work overtime?

Your employer can fire you if they ask you to work overtime and you refuse.

You would be owed a severance package in this case, as it would be a dismissal without cause. Severance in B.C. can be as much as 24 months’ pay, depending on numerous factors.

Refusing to work extra hours would likely not meet the threshold for dismissal for cause.

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

If an employee legitimately needs to work overtime, the employee is entitled to overtime pay, even if the employee did so without approval from their manager.

It is the employer’s responsibility to ensure it has rules and policies in place that require employees to obtain express consent prior to working overtime. Employers must also consistently enforce these rules and policies.

While an employer can take disciplinary measures if the employee works overtime without obtaining the proper approval, the employee must still be paid overtime pay.

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• Employment Law Show: What to know about workplace reprisals
• Reprisals at work in Alberta: Know your rights
• Workplace reprisals in Ontario: Employee rights

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

You have several 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 the Employment Standards Branch

Second, if your employer continues to refuse paying overtime pay, you can file a complaint with the B.C. Employment Standards Branch (ESB).

The ESB will investigate and can compel your employer to pay your owed overtime wages.

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Am I owed overtime pay when I lose my job?

Yes. You are owed any accumulated overtime pay when you lose your job.

When a non-unionized employee in B.C. 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?

Under section 80(1) of the ESA, an employee is limited to claiming overtime wages that were earned in the 12 months prior to the earlier of:

• The date of the complaint
• The termination of employment

In addition, and importantly, if employment has been terminated, an employee only has six months from the last day of employment to commence an ESB complaint about unpaid overtime.

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