Overtime question.
 

Question about overtime: does the employer have the option of paying OT for over 8 hours per day, OR 40 hours per week... or is over 8 hours in a day *always* OT?

I have some weeks that I'll work a couple 10-hour days, maybe a 12-hour day, and then have one completely dead day, so at the end of the week, it's under 40 hours and no OT.

They USED to pay overtime for those long days, but recently decided as a cost-cutting measure that they'd only pay it if we went over 40 hours/week instead.

My reading of the Act suggests that it's not an either-or choice for the employer, but that anything over 8 hours is OT, period.

Employment Standards Act

If you are not under any contract, then you anything after 8 hours worked is at 1 1/2 time pay and anything over 12 hours is double pay.
So say you worked a 14 hour day plus lunches ontop, first 8 hours worked is regular pay. The next 2 hours is at 1 1/2 pay and the last 2 hours is at double pay.
IIRC, you should be entitled to 2 15 minute coffee breaks for the first 8 hours and one more 15 minute paid coffee break for the additional 4 hours but don't quote me on this.

Of course, this is if things haven't changed in the last 10 years.

Also, this doesn't apply if you are on contract or salary based. Some places count a full work day at 7 hours worked and a work week at 35 hours. I've also heard of places where you can work 4 ten hour days without OT and call that a full work week, but the employees and employer must agree to this before hand.

it's only over 12 hrs then it's double pay not 10. the 15mins coffee breaks are up to the discretion of your employer it's not mandatory. the only thing mandatory is you have to have a 30mins meal break if you work more than 5 hours. and it's non paid unless otherwise agreed before hand.

most job out there with the exception of some that works 12hrs shifts you get OT if you worked more than 8hrs a day and you also get OT if you work more than 40hrs a week. i'm not sure if it stacks but if you do more than 8hrs a day that week and also more than 40hrs that week the OT will stack or it should?

Seriously & To All RSers

Call BC Employment Standards Branch
604-660-2421

General inquiries phone line
They are friendly & very helpful.
They can give you a correct answer right a way.
Don't be shiny

http://www.labour.gov.bc.ca/esb/

Thanks. It's been a while since I worked a 14+ hour day.
When I worked 10 hour days, they stacked the OT so it was all OT on the 5th and 6th day of work

Employers are allowed to pay only hours over the weekly 40 or biweekly 80 hours if there is an averaging agreement in place.

Government of B.C., Ministry of Labour, Employment Standards Branch, Averaging Agreements Factsheet

I was going to point out the averaging agreement as well.

BUT you should note if they used to pay it and now they don't, they were required to give you appropriate notice of that change as it constitutes a fundamental change in your compensation which amounts to a layoff.

If they did not your employer is in violation of the code.

Thanks guys - I saw the mention of the Averaging Agreements but didn't think it was applicable. I see this is exactly what WOULD apply here, if they'd done it.

This is what really pissed me off: they announced this change... and that same day, as I was headed home, I got sent on a last-minute service call that pushed me to 8.5 hours for the day.

A lot of companies are different, I know a company I used to work for previously paid me if i worked over 40 hours in the week.

MOST other companies and the one i currently work for pay me o/t if i work over 8 hours in the day.

I believe the daily OT is the correct one.

Clearly you didn't read the first post. Its over 8 hours a day, or anything over 40 hours a week. It is not an employers choice to pick which one suits them better. Both are required unless contracted work or specified otherwise in an employment agreement.

Well, if you do over 8 hours per day, every day of the week, you're automatically over 40 hours for the week.

once over 8 hrs on any given day, u get OT pay

But if you work say, 6 x 7hour days, you would get 2 hours of overtime. They can't tell you that you have only had 7 hour shifts and get out of it. Thats all I'm trying to explain.

My company hasn't paid me a dime for working overtime this past year. When I quit will it be hard to claim the money with the labour board?

File your complaint to Employment Standards Branch with Self-Help Kit
*Make sure you keep all your pay stubs as record*

They will forward you complaint to your Former Employer.
Former Employer require to list all your worked hours from begin to end & report back with explanation

It is actually pretty easy process.

Start from here,
Employment Standards Branch, Ministry of Labour, Government of B.C.

:fullofwin:

^^ Its an easy process but takes forever.. Also read the ESA in regard to their timelines for filing claims.




--Cant deal with the LRB because your not union (I assume). Like the guy above me said "File with the ESB"

PM me if you guys need help. I work in LR.

:gayfight:

gets even more complicated with shift work,

if your on 40 hr weeks, but do what we call "four ten" shifts, then it doesnt really apply either for anything greater than 8 hrs.

also depends if u are classified as full time or casual.

just like nurses works 3x 12hrs shift per week and that's considered full time for them and they don't get any OT out of it. it depends on your job really. but majority of the job out there tha's hourly 7.5-8hrs you'll get OT after 8hr and OT again after 40hrs

Ah, that's the key though: 4x10hr shifts or 3x12hr shifts is something that would be spelled out in the contract or something both parties would have agreed to in the first place - this would be your "averaging agreement".

I remember something with an old company I used to work for. It was overtime after 8 hours per day, or after 40 hours in a week. Whichever would give more overtime to the employee, it was nice.

So on an 84-98 hour work week, we would get 44-58 hours of overtime.
Rather than 28-42 hours of overtime if we did it on a daily basis.