I Am Paid a Salary: Am I entitled to Overtime Pay?

| November 6th, 2017 | No Comments »

It is a misconception that salaried employees are not entitled to overtime. There are no provisions in employment standards law that exempts salaried employees from overtime entitlements. In fact, employers that claim salaried employees are not entitled to overtime, either in writing or through an implied contract, would be contracting out of employment standards law. This is prohibited. Overall, method of payment (hourly or set-intervals) is irrelevant in determining overtime entitlements.

What if my job title is ‘manager’?:

Managerial employees are not entitled to overtime pay, and thus overtime regulations do not apply. However, just because an employee’s job title has the word ‘manager’ within it, does not necessarily mean he/she is exempt from overtime regulations. To be exempt, employment duties have to be managerial in nature. If your job title is ‘manager’ but you have no one reporting to you, do not have the authority to discipline, set schedules, promote, etc, then you are likely not exempt from overtime provisions under employment standards law.

Overtime laws vary from province to province, so it is important to have an awareness of the overtime regulations that apply to you. In Ontario, for instance, employees are entitled to overtime pay for hours worked in excess of 44 per week. Certain provinces, such as BC, also have daily overtime pay for hours worked in excess of 8 and 12. Be sure to check your provincial regulations to know for which hours you are entitled to overtime pay.

My Boss Made Significant Changes to My Employment

| August 27th, 2015 | No Comments »

Drastic Changes to My Employment

The concept of an employer making a change to a workers employment is not odd. It’s possibly more common than we think. The issue employees take is the extent and significance of these changes, and this concern has legal merit. Take for instance employee A, who has independently worked in their department, earning commissions based on sales. Suddenly, the employer explains that a colleague (employee B) will be working with employee A, and based on his/her performance, employee A’s commission will be dependent on employee B’s sales as well. Readers of the Globe and Mail are interested in finding out, can an employer legally make such a significant change to their employment?

Claims for Constructive Dismissal

Daniel Lublin, Toronto employment lawyer provides his professional opinion by explaining that the answer lies in determining how significant the changes are to an employee’s work duties and their compensation. An employer must seek the employees consent to the changes or provide reasonable notice of the changes. When changes to an employees work duties and compensation are significant, an employee may claim constructive dismissal and sue for lost wages.

Claims for constructive dismissal are unique on a case-by-case basis. As such, retaining a lawyer to provide you with case specific advice is crucial. Consult with our team at Whitten and Lublin to book your appointment and read Daniel Lublin’s Globe and Mail column and full article Does my boss have the right to change my compensation and work load?