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What to Know About Overtime Laws in BC

Posted:  Jan 4, 2021

 Discussions about money can be tricky, especially when emotions are involved. But when it comes to receiving what you’re owed, you should know your rights.

BC employees often work more than standard work hours. Therefore, he or she is legally owed for overtime pay. Emphatically, employers are required to pay for overtime, no matter what the type of pay period. Overtime pay is owed to employees who receive hourly, monthly, annual, or commission wages.

Approaching an employer for the overtime time you feel you’re owed may be necessary. You can do it face to face or forward a written request. But if your employer refuses your request, you have every right to file a formal complaint with Employment Standards to resolve the issue.

Most British Columbians are covered by overtime pay legislation, but exceptions exist. That being said, there are several important facts to know about overtime laws in British Columbia.

·      Typically, employees in a non-management role are entitled to 1.5 times the regular pay after 8 hours of work/day or after 40 hours of work/week.

·      Likewise, workers are entitled to 2 times the regular pay after 12 hours of work/day.

·      However, unionized employees and management are an exception. A union may have different stipulations for overtime pay in their collective agreement.

·      In addition, specific industries, such as oil and gas or commission sales workers, may have different regulations. Individuals may find a complete list of exempt professions online under Employment Standards Regulations.

·      On statutory holidays, an employee that works overtime is paid an average day’s pay as well as time-and-a-half for hours worked. Nevertheless, workers do not also receive overtime pay for the same hours worked.

·      Employees are required to have at least 32 hours in a row free from work over a one-week period. If an employee works during that period, they receive extra pay at time-and-a-half.

·      Lastly, an employee can request that their overtime hours be banked instead of being paid for them during the pay period when they earned them. He or she has three options: ask for part or all of the wages banked to be paid out at a later date, ask for time off with pay for a period agreed upon by the employer and employee, or the employer can choose to close the bank and pay out their banked hours entirely as requested in writing. The time banked must be equal to the wage the employee was entitled to in working overtime.

 

Although the Employment Standards Act offers fundamental conditions of employment for workers in BC, there remains confusion in regard to overtime. It’s essential that everyone who works or runs a business in BC understands overtime pay. Being in the know ensures a company stays compliant with the province’s employment standards. Knowing about overtime laws in BC ensures an employee knows he or she is receiving proper compensation for hours worked.

 

In any case, we have skilled and experience employment lawyers at your disposal here on Vancouver Island. If you have concerns or questions regarding overtime laws, give us a call for expert legal advice today.

 

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