Overtime pay in Ontario is one of the most misunderstood employment rights — especially for salaried employees and professionals who regularly work long hours.
Many workers assume overtime only applies to hourly roles, or that working extra hours is simply “part of the job.” In reality, overtime pay in Ontario is governed by clear legal rules, and many employees who are not paid overtime are legally entitled to it.
👉 For a Canada-wide overview of how overtime rules differ by jurisdiction, see our guide to Overtime Pay in Canada.
This page explains how overtime pay works in Ontario, who qualifies, when overtime begins, and what to do if overtime is not paid properly.
What Is Overtime Pay in Ontario?
In Ontario, overtime pay is additional compensation owed to eligible employees who work more than 44 hours in a work week.
When overtime applies:
- It must be paid at 1.5 times (time-and-a-half) the employee’s regular rate of pay
- It applies to many hourly and salaried employees
- Employers cannot avoid overtime simply by labeling extra hours as “expected” or “included”
When Does Overtime Start in Ontario?
For most employees, overtime begins after 44 hours in a single work week.
Important points:
- Ontario generally does not require daily overtime (such as after 8 hours in a day)
- The focus is on total weekly hours
- Each work week is assessed separately
Example:
If you work 46 hours in one week, you may be entitled to 2 hours of overtime pay.
How Is Overtime Pay Calculated?
Overtime pay is calculated using your regular rate of pay, which may include:
- Hourly wages
- A salary converted to an hourly equivalent
- Certain commissions or incentive payments, depending on how they are earned
Overtime rate:
- 1.5 × your regular hourly rate
If your pay structure includes bonuses, commissions, or variable earnings, overtime calculations can become more complex — and mistakes are common.
Are Salaried Employees Entitled to Overtime Pay in Ontario?
Yes — in many cases.
Being paid a salary does not automatically remove your right to overtime pay in Ontario. Entitlement depends on an employee’s actual job duties, applicable exemptions under Ontario law, and whether valid overtime or averaging arrangements exist.
Many salaried employees still qualify for overtime if:
- Their role is not legally exempt
- Their salary does not already compensate them for overtime hours
- Proper averaging agreements are not in place
Who Is Eligible for Overtime Pay in Ontario?
Most non-unionized employees are eligible for overtime pay unless a specific legal exemption applies.
Eligibility depends on:
- Your actual job duties (not just your title)
- Your industry
- Whether an exemption applies under Ontario law
Some roles are exempt from overtime, but these exemptions are narrow and frequently misunderstood.
Can Employers Average Hours to Avoid Overtime?
Only in limited circumstances.
In Ontario:
- Averaging hours usually requires a written agreement
- The arrangement must comply with employment standards rules
- Employers can’t apply averaging informally or retroactively
- Averaging cannot be used to unfairly eliminate overtime pay
What If Your Employer Doesn’t Pay Overtime in Ontario?
Unpaid overtime can occur when:
- Employees are expected to work “off the clock”
- Salaried roles are wrongly treated as exempt
- Hours are averaged improperly
- Overtime is excluded from final pay after termination
If overtime pay is owed, you may be entitled to:
- Back pay for unpaid overtime
- Interest and statutory remedies
- Inclusion of overtime in termination or severance calculations
When Should You Speak to an Employment Lawyer About Overtime Pay?
It may be time to get legal advice if:
- You regularly work more than 44 hours without overtime pay
- You’ve been told you’re exempt but aren’t sure why
- Your overtime pay suddenly stopped
- You were terminated and overtime wasn’t included in your final pay
- You’re unsure whether an averaging agreement is valid
Key Takeaway
Overtime pay in Ontario is not optional, and it is not based on job titles or assumptions.
If you’re working long hours without proper compensation, the issue is often not about effort or loyalty — it’s about legal entitlement under Ontario law.
Understanding how overtime pay works is the first step toward knowing where you stand.
Need Help With an Overtime Pay Issue in Ontario?
If you have questions about overtime pay, eligibility, or unpaid overtime — especially following termination — the employment lawyers at Samfiru Tumarkin LLP can review your situation and explain your options.