Overtime Pay in Ontario – Know Your Rights

If you’re working more than 44 hours per week in Ontario, you may be entitled to overtime pay. This guide explains how overtime works in Ontario, who qualifies, who’s exempt, and what to do if your employer doesn’t pay you properly.

• ✅ Applies to: Provincially regulated, non-unionized employees
• 🚫 Doesn’t apply to: Federally regulated workers (e.g., banks, airlines)

Watch: Lior Samfiru explains overtime pay on the Employment Law Show.

What’s In This Guide

What is Considered Overtime in Ontario?

Overtime refers to any hours worked beyond 44 hours in a workweek.

Under Ontario’s Employment Standards Act (ESA), employees must be paid 1.5 times their regular rate—known as time and a half—for all overtime hours worked.

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When Does Overtime Pay Start in Ontario?

Overtime pay kicks in after 44 hours in one week, regardless of how many hours you worked in a single day.

Example:

• If you worked 10 hours/day for 4 days = 40 hours → no overtime
• If you worked 48 hours in a week = 4 overtime hours owed

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Who Qualifies for Overtime Pay in Ontario?

You qualify if you are:

• A non-unionized, provincially regulated employee
• Paid hourly or on salary
• Working more than 44 hours/week

You do not need to be an hourly worker to qualify.
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Do Salaried Employees Get Overtime in Ontario?

✅ Yes. Salaried employees are entitled to overtime under the ESA.

There is a common myth that salary equals exemption — but that’s false unless your role falls under an ESA exemption.

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How Much is Overtime Pay in Ontario?

Overtime pay = 1.5 times your regular rate of pay.

This includes commission-based and salaried roles.

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How is Overtime Calculated in Ontario?

For hourly workers:

• Regular rate × 1.5 = overtime rate
• Multiply overtime rate by overtime hours

For Salaried workers;

1. Divide your weekly salary by 44 to get hourly rate
2. Multiply hourly rate × 1.5 = overtime rate

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Who is Exempt from Overtime Pay in Ontario?

Certain job categories are exempt under the ESA, including:

• Managers or supervisors (if truly managerial)
• IT professionals
• Licensed accountants, lawyers, engineers
• Janitors/superintendents living in the building

Full exemption list: ESA Exemptions

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Are Managers Entitled to Overtime?

It depends on their actual job duties — not their title.

You may be entitled to overtime if:

• You spend more than 50% of your time doing non-managerial tasks
• You don’t supervise staff, make decisions, or set schedules

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Can My Employer Make Me Work Overtime in Ontario?

In Ontario, employers can require you to work overtime, but only in specific situations.

You may be legally required to work overtime if:

• Your employment contract includes a clause requiring additional hours
• There’s a pattern of you agreeing to overtime in the past (established practice)

Even if you’re required to work overtime, your employer must still pay you 1.5x your regular rate for each hour worked beyond 44 hours/week.

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Can My Employer Stop Me From Working Overtime?

Yes — an employer can refuse to allow overtime work. However, if you end up working overtime anyway, they are still legally obligated to pay you for those hours.

This applies even if:

• You weren’t authorized to work extra hours
• The employer has a policy requiring approval for overtime

• 🔗 Related: Reprisals at Work in Ontario – Know Your Rights

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What Should I Do If I’m Not Paid Overtime in Ontario?

If you haven’t received overtime pay that you’re owed:

1. Talk to your employer: Mistakes in timesheets or payroll can happen. Give your employer a chance to fix it before escalating.
2. Document everything: Track your hours (start and end times). Keep emails, texts, or schedules that confirm your hours.
3. Take legal action if needed: File a complaint with the Ministry of Labour. Or consult an employment lawyer at Samfiru Tumarkin LLP for help securing what you’re owed.

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Does Unpaid Overtime Count Toward Severance Pay?

Yes. If you’re let go from your job, any unpaid overtime must be factored into your severance package.

Under Ontario law, severance is calculated based on your full compensation, not just your base salary. This includes:

• Overtime
• Bonuses
• Commissions
• Vacation pay
• Benefits and allowances

A complete severance package could be as much as 24 months’ pay depending on these factors.

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How Far Back Can I Claim Overtime Pay in Ontario?

You have two years to make a legal claim for unpaid overtime in Ontario.

This is called a limitation period. It means:

• If you file a claim today, you can only recover the past two years of unpaid overtime
• After two years, that money is usually lost forever

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Frequently Asked Questions About Overtime in Ontario

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Speak to an Ontario Employment Lawyer

If your employer refuses to pay you overtime, misclassifies you as exempt, or fails to include overtime in your severance, speak to an Ontario employment lawyer at Samfiru Tumarkin LLP.

You may be owed maximum severance pay in Ontario — as much as 24 months’ compensation. A wrongful dismissal lawyer in Toronto or Ottawa can help you get what you’re entitled to.

At Samfiru Tumarkin LLP, we’ve helped thousands of non-unionized employees enforce their workplace rights and secure fair compensation.

• 👥 Over 50,000 clients helped across Canada
• 💰 Millions recovered in severance and compensation
• ⚖️ No win, no fee — you don’t pay unless we win*
• ⭐ 2,311 5-star Google reviews across Ontario (4.8 average)
• 🏆 Recognized as one of Canada’s Best Law Firms by The Globe and Mail

* Conditions apply. Not all cases qualify.

Contact us now to find out what you’re owed. Book your consultation or call 1-855-821-5900.