SEA Red Flag 6: Brought Up Short – What’s Overtime?

The SEA does not clearly set out that overtime must be paid to workers where daily hours of work exceed either 8 hours or 10 hours (in the case of a modified work arrangement). Rather, overtime might be paid only where the worker exceeds the threshold of 40 hours work in a week. So do workers get to work longer hours for less pay? 

We can see the difference – can you?

See section 2-18 of the SEA (which will replace The Labour Standards Act)

The provision does NOT specify that overtime must be paid when a worker is required to work or be at the employer’s disposal for more than eight (8) hours in a day; rather, it refers only to overtime being paid where the worker is required to work or be at the employer’s disposal for more than forty (40) hours in a week or works 5 x 8 hours shifts in a week or 4 X 10 hours shifts in any week. It is unclear when overtime pay is triggered, if an employee typically works 8 hours shifts according to their schedule, and is subsequently assigned a 10 hour shift, the SEA does not address whether they get overtime or not.  It also appears that the Employer might rely on a standard set of rules one day and then change it up the next.

In contrast, the current Labour Standards Act sets out clearly in section 6 (2),  that overtime shall be paid where a worker must work or be at the employer’s disposal for more than eight hours in any day or forty hours in any week (subject to a 10-hour day).

Take action now and tell your MLA that you don’t want to be brought up short.

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