Work doesn't compensate for OT, what should I do?

The good news : You are only required to give 44 hours service as a salary employee and should be compensated either with pay or time in lieu, if that is acceptable to you and your employer. Legal challenges have been done on this and it has held from the last ones I saw.

Bad news : As a non union person you will ahve to go through the Labour Board, you will likely be fired, illegally, by your employer and the odds of retaining your job are very small. You may even need to hire a lawyer, on your own dime, to argue the case. It will also not be a fast resolution.

From Ontario Legislation

Employees on a Fixed Salary

If an employee’s hours of work change from day to day but his or her weekly pay stays the same, the employee is paid a fixed salary.

A fixed salary compensates an employee for all non-overtime hours up to and including 44 hours a week. After 44 hours, the employee is entitled to overtime pay.

The exemptions are here

(5) This Act does not apply with respect to the following individuals and any person for whom such an individual performs work or from whom such an individual receives compensation:

  1. A secondary school student who performs work under a work experience program authorized by the school board that operates the school in which the student is enrolled.

  2. An individual who performs work under a program approved by a college of applied arts and technology or a university.

  3. A participant in community participation under the Ontario Works Act, 1997.

  4. An individual who is an inmate of a correctional institution within the meaning of the Ministry of Correctional Services Act, is an inmate of a penitentiary, is being held in a detention facility within the meaning of the Police Services Act or is being held in a place of temporary detention or youth custody facility under the Youth Criminal Justice Act (Canada), if the individual participates inside or outside the institution, penitentiary, place or facility in a work project or rehabilitation program.

  5. An individual who performs work under an order or sentence of a court or as part of an extrajudicial measure under the Youth Criminal Justice Act (Canada).

  6. An individual who performs work in a simulated job or working environment if the primary purpose in placing the individual in the job or environment is his or her rehabilitation.

  7. A holder of political, religious or judicial office.

  8. A member of a quasi-judicial tribunal.

  9. A holder of elected office in an organization, including a trade union.

  10. A police officer, except as provided in Part XVI (Lie Detectors).

  11. A director of a corporation, except as provided in Part XX (Liability of Directors), Part XXI (Who Enforces this Act and What They Can Do), Part XXII (Complaints and Enforcement), Part XXIII (Reviews by the Board), Part XXIV (Collection), Part XXV (Offences and Prosecutions), Part XXVI (Miscellaneous Evidentiary Provisions), Part XXVII (Regulations) and Part XXVIII (Transition, Amendment, Repeals, Commencement and Short Title).

  12. Any prescribed individuals. 2000, c. 41, s. 3 (5); 2006, c. 19, Sched. D, s. 7.

Again, I used Ontario legislation as it is the largest province and many others copy from it. Your Province may vary but it should be pretty similar. Call your Labour Board and ask them for a private meeting to discuss it. They will not advance anything unless you request it.

/r/PersonalFinanceCanada Thread