Worked extra hours? You may be owed overtime pay.
In Ontario, most workers earn 1.5 times their pay for every hour over 44 in a week. Being on salary doesn't change that — your job duties decide it, not your title. You can't sign your overtime away, and you have 2 years to claim. Here's what's true, and how to check what you're owed.
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In 30 seconds, here's what's true
- Overtime in Ontario is 1.5× your regular rate for every hour you work over 44 in a week.
- It's counted weekly, not daily. A single long day doesn't trigger overtime on its own — what matters is the weekly total.
- Being on salary does not cancel your overtime. Eligibility depends on the actual work you do, not your title or how you're paid.
- You can't waive overtime. Any agreement to give it up is void, and your employer must pay for extra hours they let you work.
- A free claim with the Ministry of Labour can recover up to 2 years of unpaid overtime — and it's illegal for your employer to punish you for asking.
How the process works
Find your regular hourly rate
If you're paid hourly, that's your rate. If you're on salary, divide your weekly pay by your normal weekly hours to get it. This is the number your overtime is based on.
Add up the hours over 44
Go week by week. For each work week, count every hour you worked beyond 44. Ontario counts overtime weekly, so it doesn't matter how the hours were split across days.
Do the math
Multiply your regular rate by 1.5, then multiply that by your overtime hours for each week. Add the weeks up. Even a few hours a week adds up over months.
Gather your proof
Collect pay stubs, schedules, and any record of your hours — punch-ins, texts, emails. If you ever signed a "banked time" or averaging agreement, find it. Your employer is also required to keep accurate hours records.
Choose your path — and watch the clock
You can file a free claim with the Ministry of Labour (no dollar cap), or sue in Small Claims Court (up to $50,000). For the same hours you generally can't do both, so choose carefully. You usually have 2 years, so don't wait too long.
What to do next
- Write down your hours for each week you think you worked over 44.
- Save your pay stubs and your contract or offer letter.
- Screenshot any schedules, texts, or emails about your hours.
- Note whether you ever signed a "banked time" or averaging agreement.
- Check whether your duties are genuinely managerial (title alone doesn't count).
- Estimate the overtime you may be owed (rate × 1.5 × extra hours).
- Mark the 2-year deadline from when the wages were due.
- Use PLAIN to organize your hours and track your deadline.
Common myths
| Myth | Reality |
|---|---|
| I'm on salary, so I don't get overtime. | False. Salary doesn't exempt you. What matters is the actual work you do, not your title or pay structure. Many salaried workers are owed overtime. |
| Overtime only starts after 8 hours in a day. | No. In Ontario, overtime is based on the week — over 44 hours in a work week. There is no daily overtime under the ESA. |
| My manager title means I get no overtime. | Only if your work is genuinely managerial or supervisory. If you regularly do non-managerial work, you may still be owed overtime — the title alone doesn't decide it. |
| I agreed to no overtime, so I can't claim. | You can. Overtime can't be waived — any "no overtime" agreement is void under the law. |
| They never approved it, so they don't owe me. | If your employer permitted the work, they must pay for it — even without pre-approval. Courts have ordered employers to pay overtime they allowed to happen. |
| It's been over a year, so it's too late. | Likely not. A free Ministry of Labour claim can usually reach back 2 years from when the wages were due. |
| Asking for overtime will get me fired, and that's legal. | It's illegal. Punishing you for asking about or claiming your pay is a reprisal under the ESA. |
| Banked time means they never owe me cash. | Only with a written agreement, at 1.5 hours off per overtime hour. Any unused banked time must be paid out at the overtime rate when you leave. |
Last reviewed June 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
Sources
PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with the Ministry of Labour or a licensed professional.
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