Are you being abused?

For years I have watched minimum wage earners be taken advantage of by companies who tell them they don’t get paid for “mandatory” overtime because they are salaried. Often yes at first you will do whatever is necessary to either get to know the job or to impress your employers. At some point however, most people start to wise up to the fact that expected or not, some things are illegal for a reason.

In the same vein I wanted to spread some holiday cheer by pointing out some employee rights. According to the Employment Standards Act, 2000 – S.O. 2000, Chapter 41, the following may apply to you:

Hours of work
An employer shall give an employee a period of at least 11 consecutive hours free from performing work in each day. (unless you are on call – in other words you cannot work more than 13 hours in any day. We do 12 hour shifts in my plant and this rule is broken all the time.)

An employer shall give an employee a period free from the performance of work equal to, (a) at least 24 consecutive hours in every work week; or (b) at least 48 consecutive hours in every period of two consecutive work weeks

An employer shall give an employee an eating period of at least 30 minutes at intervals that will result in the employee working no more than five consecutive hours without an eating period

An employer shall pay an employee overtime pay of at least one and one-half times his or her regular rate for each hour of work in excess of 44 hours in each week or, if another threshold is prescribed, that prescribed threshold.

Time off in lieu
(only if you agree to it) The employee may be compensated for overtime hours by receiving one and one-half hours of paid time off work for each hour of overtime worked instead of overtime pay

Salary or therefore NO OVERTIME
Check out this worksheet to see if it applies to you.

1 Comment so far

  1. talk talk talk (unregistered) on December 20th, 2006 @ 6:51 pm

    Good post!

Terms of use | Privacy Policy | Content: Creative Commons | Site and Design © 2009 | Metroblogging ® and Metblogs ® are registered trademarks of Bode Media, Inc.