December 8, 2023

Carbert Waite LLP Associate Kathleen O’Brien was recently asked to comment in The Globe and Mail for their Career Advice Column.

The question asked was whether employers can elect to provide employees with lieu time instead of overtime pay.

Ms. O’Brien’s answer begins as follows:

Most employees, full-time or part-time, are entitled to overtime pay. Employment standards legislation will often identify employees who are excluded from overtime entitlements, such as managers or professionals. There are also industries that are subject to variations in overtime entitlements, such as firefighting services or trucking.

If you do not fall under these exceptions, your employer must compensate you for overtime hours worked. How you are compensated will depend on the applicable employment standards legislation and whether you have entered into an overtime agreement with your employer.

Ms. O’Brien goes on to note that options for addressing this issue include a review of the employment contract, as well as relevant employment standards legislation. Ms. O’Brien also suggested that the employee speak to their employer to remind them of their obligations and request pay for all overtime work. The full response and the rest of the article are behind a paywall, but if you are a subscriber of the Globe and Mail, you can read it here