Labour Laws

[spankingman]

OK I need some sort of clarification.

I work a 5 day 40 hour week. This week there was a stat holiday on Tuesday. I worked 8 hours OT on one of my days off. We are told that the stat day is not considered as part of the 40 hours but separate from the 40 hours so any OT is paid at regular rate. Is this right?

 

[bazokajoe]

If you are in a union check your CBA or with your union rep.If no union or a written policy your kinda screwed.

 

[OddSox]

Call the Ministry of Labour Employment Standards Information Centre at 416-326-7160 or toll-free at 1-800-531-5551.

 

[bcd]

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_00e41_e.htm

You may find your answer in the link above. Parts V, VIII and X should cover your situation but if not, OddSox's reply is the way to go.

 

[fuji]

Call the Ministry of Labour Employment Standards Information Centre at 416-326-7160 or toll-free at 1-800-531-5551.

Winning answer

 

[Butler1000]

OK I need some sort of clarification.

I work a 5 day 40 hour week. This week there was a stat holiday on Tuesday. I worked 8 hours OT on one of my days off. We are told that the stat day is not considered as part of the 40 hours but separate from the 40 hours so any OT is paid at regular rate. Is this right?

Did you work on the stat holiday? If not then no they don't pay you for overtime.

Think of it this way. If you worked Mon-Fri 40 hours and Canada day was on Sat(day off) would you expect OT?
Nope. Just to paid holiday pay(or a day in lieu depends on your employer).

 

[Keebler Elf]

OK I need some sort of clarification.

I work a 5 day 40 hour week. This week there was a stat holiday on Tuesday. I worked 8 hours OT on one of my days off. We are told that the stat day is not considered as part of the 40 hours but separate from the 40 hours so any OT is paid at regular rate. Is this right?

Yes, your employer is right. See here and scroll down to the section on OT when there is a public holiday: http://www.labour.gov.on.ca/english/es/pubs/guide/overtime.php

You get holiday pay (8 hours straight time) for Canada Day regardless of whether or not you work it (there are rules for if you miss work immediately before/after a stat holiday but that doesn't apply in your scenario). This holiday pay does not count towards whether you are entitled to OT pay or not.

OT pay does not kick in until you have already worked 44 hours in a week. So regardless of how many hours you work on a "day off", it isn't actually OT until you hit 44 hours. Then everything after that is OT. And remember, public holiday pay doesn't count (because you didn't actually work it).

So you worked a grand total of 40 hours (4 regular days x 8 hours + 8 hours on a day off) but you also collect 8 hours of holiday pay for a total of 48 hours pay (all at straight time). You didn't work enough actual hours (44) to trigger OT (you only worked 40) so none of your 48 hours of pay is at OT rate.

This is why people join unions. If you were in a union you (collectively) would have had the bargaining power to negotiate OT for all hours worked outside of your regularly scheduled hours (this is very common amongst unionized workplaces). So in the same scenario you would have received the amount above except that 8 of those hours would have been premium (OT) hours. Some unions have very provident (some would say ridiculously so) OT provisions where you get double or triple time (not just 1.5x like the normal OT treatment under the ESA) when working on a stat holiday so doing so becomes VERY lucrative.

*Note: this isn't meant to hijack this thread into a pro/anti-union discussion. It's just meant to point out what "common" OT treatment looks like in a union environment vs. a non-union environment where only the ESA applies.

 

[DanJ]

Yes, your employer is right. See here and scroll down to the section on OT when there is a public holiday: http://www.labour.gov.on.ca/english/es/pubs/guide/overtime.php

You get holiday pay (8 hours straight time) for Canada Day regardless of whether or not you work it (there are rules for if you miss work immediately before/after a stat holiday but that doesn't apply in your scenario). This holiday pay does not count towards whether you are entitled to OT pay or not.

OT pay does not kick in until you have already worked 44 hours in a week. So regardless of how many hours you work on a "day off", it isn't actually OT until you hit 44 hours. Then everything after that is OT. And remember, public holiday pay doesn't count (because you didn't actually work it).

So you worked a grand total of 40 hours (4 regular days x 8 hours + 8 hours on a day off) but you also collect 8 hours of holiday pay for a total of 48 hours pay (all at straight time). You didn't work enough actual hours (44) to trigger OT (you only worked 40) so none of your 48 hours of pay is at OT rate.

This is why people join unions. If you were in a union you (collectively) would have had the bargaining power to negotiate OT for all hours worked outside of your regularly scheduled hours (this is very common amongst unionized workplaces). So in the same scenario you would have received the amount above except that 8 of those hours would have been premium (OT) hours. Some unions have very provident (some would say ridiculously so) OT provisions where you get double or triple time (not just 1.5x like the normal OT treatment under the ESA) when working on a stat holiday so doing so becomes VERY lucrative.

*Note: this isn't meant to hijack this thread into a pro/anti-union discussion. It's just meant to point out what "common" OT treatment looks like in a union environment vs. a non-union environment where only the ESA applies.

When my uncle worked at GM Oshawa in maintenance, he used to say he got triple time to work on holidays. What he really meant was he got paid double time for the hours worked, plus the paid day. Under the CBA I work with, we get 1.5x for hours worked plus the paid day, and any hours worked on a Sunday is 2x. We also get paid OT over and above our daily hours regardless of what we end up working in a week. We have 3 different job classifications that have 7.5, 8 or 9 hour maximum regularly scheduled workdays, and you get OT for exceeding those hours on a daily basis.

 

[Keebler Elf]

When my uncle worked at GM Oshawa in maintenance, he used to say he got triple time to work on holidays. What he really meant was he got paid double time for the hours worked, plus the paid day. Under the CBA I work with, we get 1.5x for hours worked plus the paid day, and any hours worked on a Sunday is 2x. We also get paid OT over and above our daily hours regardless of what we end up working in a week. We have 3 different job classifications that have 7.5, 8 or 9 hour maximum regularly scheduled workdays, and you get OT for exceeding those hours on a daily basis.

That's pretty much a normal collective agreement for a major industrial plant.