Is Your Employer Not Paying You Overtime Wages? Here’s What You Can Do!

When you are in need of some extra money, working overtime can help. A few extra dollars can help you buy that thing you have been meaning to buy or pay off a heavy debt. However, it can be upsetting when you keep working long hours, and your employer fails to acknowledge it while paying you. If you deserve the money, you should not let it go. 

If your employer is not paying you for overtime work, you have the right to sue them. Many employees sit quietly and do not take action for fear that they may get terminated from their jobs. This is called retaliation, and it is illegal to terminate an employee this way. If your employer has wronged you, speak to a skilled Ontario employment law attorney. 

Can I sue my employer for not paying me overtime wages?

Sadly, many employers try to take advantage of their employees and do not pay them for their work. Thankfully, the government has set laws to protect people like you. You can sue your employer for not paying or underpaying you for overtime work by filing a legal claim. 

What are the overtime laws in Ontario?

The pay rate for overtime work in Ontario is one and a half of what is regularly paid to the employee. Or, as most people call it, “Time and a half.” The threshold for overtime work is 44 hours in Ontario, which means that every time employees work for more than 44 hours a week, they are entitled to overtime wages for each extra hour. 

For example, if an employee’s pay rate is $20 per hour, they should be paid $30 (20 x 1.5) for every hour worked after the 44 hours. 

However, it is important to note that the law is regarding the weekly threshold, not the daily one. You cannot ask your employer for extra wages if you work excess hours one day of the week and regularly during the other days.

What to do if your employer is not paying overtime?

There are three things you can do if your employer is not paying you overtime: 

• Talk to your employer and try to resolve the matter peacefully. Sometimes the employer is genuinely confused or unaware of your hours of work. 
• If your employer refuses to pay you even after you speak to them, file a complaint with the Ministry of Labor. 
• If the company does not want to pay you, you can leave your job with your severance pay. 

Talk to an attorney about what your best option would be.