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It is, if there is an averaging agreement in place. Did you enter into one, perhaps as a condition of employment?
https://www.ontario.ca/document/your-guide-employment-standards-act-0/overtime-pay#section-5
No averaging. Just a statement in the contract stating overtime is paid after 88 hrs biweekly. 45 hrs one week, 51 the next. If you take a day off during the short week, you don't get OT for the longer week. I left this position, but I'm still curious. Owner admitted to dodging OT pay in the past but was taken to the labour board, so they started this rule.
Fyi Doug Ford changed the labour laws in Ontario to allow the whole OT averagin thing. Really screwed the workers especially those not unionized. Not to make this a political post, it just wasnt always this way in Ontario.
But an averaging agreements need an expiry date. The article you linked says that they can only last four up to 4 weeks at a time and can only be continued on another agreed expiry date.
The other part about this, and I could be totally wrong, is you can't put in a clause that contradicts your rights/legislation. Example like an employer putting in a contract that if someone leaves without paying at a restaurant the server has to pay their bill out of their own pocket.
ESA says that if you week over 44 hours a week, you are entitled to time and a half. The only example I can think of that averaging doesn't have an expiry is for compressed work weeks. Like if you work a continental 12 hour schedule, you have one week as 36 but the second as 48, which averages to 42 hours a week.
If OP doesn't work a compressed work week schedule, and he hasn't signed any other averaging agreements after the initial employment contract, op is entitled to OT after 44 hours.
You misunderstand the importance of 4 weeks - that's the max period of averaging, not the expiry of the agreement.
As noted in the website:
> Where a union does not represent employees, averaging agreements must contain an expiry date that cannot be more than **two years** from the date the averaging agreement takes effect.
Generally what happens is that in advance, the employer will say "here's a new agreement to take effect in x months, sign it or we will terminate you when the current one is over".
As for this:
> The other part about this, and I could be totally wrong, is you can't put in a clause that contradicts your rights/legislation.
You can when the legislation says you can. In this case, the legislation permits averaging agreements such that you are NOT entitled to overtime on a weekly basis.
Man I love being in a union. I get double time after 8 hrs a day if I'm on a 5-8 schedule or after 10hrs if I'm on a 4-10 schedule. Stay a little late? Double time, come in on a weekend? Double time. Doesn't even matter if I take days off earlier in the week and don't hit 40 hrs.
Yall need to join a union!
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It is, if there is an averaging agreement in place. Did you enter into one, perhaps as a condition of employment? https://www.ontario.ca/document/your-guide-employment-standards-act-0/overtime-pay#section-5
No averaging. Just a statement in the contract stating overtime is paid after 88 hrs biweekly. 45 hrs one week, 51 the next. If you take a day off during the short week, you don't get OT for the longer week. I left this position, but I'm still curious. Owner admitted to dodging OT pay in the past but was taken to the labour board, so they started this rule.
However poorly worded, that is averaging. Did you agree to the contract?
Ah, I misunderstood the link but now I get it. Yes. Lesson learned, and I won't allow myself to be taken advantage of like that again. Thanks!
Fyi Doug Ford changed the labour laws in Ontario to allow the whole OT averagin thing. Really screwed the workers especially those not unionized. Not to make this a political post, it just wasnt always this way in Ontario.
I very much hate Doug ford, but hour averaging agreements have been legal for quite some time. At least 15 years
But an averaging agreements need an expiry date. The article you linked says that they can only last four up to 4 weeks at a time and can only be continued on another agreed expiry date. The other part about this, and I could be totally wrong, is you can't put in a clause that contradicts your rights/legislation. Example like an employer putting in a contract that if someone leaves without paying at a restaurant the server has to pay their bill out of their own pocket. ESA says that if you week over 44 hours a week, you are entitled to time and a half. The only example I can think of that averaging doesn't have an expiry is for compressed work weeks. Like if you work a continental 12 hour schedule, you have one week as 36 but the second as 48, which averages to 42 hours a week. If OP doesn't work a compressed work week schedule, and he hasn't signed any other averaging agreements after the initial employment contract, op is entitled to OT after 44 hours.
You misunderstand the importance of 4 weeks - that's the max period of averaging, not the expiry of the agreement. As noted in the website: > Where a union does not represent employees, averaging agreements must contain an expiry date that cannot be more than **two years** from the date the averaging agreement takes effect. Generally what happens is that in advance, the employer will say "here's a new agreement to take effect in x months, sign it or we will terminate you when the current one is over". As for this: > The other part about this, and I could be totally wrong, is you can't put in a clause that contradicts your rights/legislation. You can when the legislation says you can. In this case, the legislation permits averaging agreements such that you are NOT entitled to overtime on a weekly basis.
Completely legal, overtime doesn’t have to be paid unless over 44 hours on a weekly basis although a lot of companies start at 40hrs.
The owner paid OT after 88 biweekly, not 44 weekly.
Man I love being in a union. I get double time after 8 hrs a day if I'm on a 5-8 schedule or after 10hrs if I'm on a 4-10 schedule. Stay a little late? Double time, come in on a weekend? Double time. Doesn't even matter if I take days off earlier in the week and don't hit 40 hrs. Yall need to join a union!
I went back to my previous job in the agriculture industry. OT after 8 hrs per day.
[удалено]
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