Overtime : NS Labour and Advanced Education, Employment Rights

This sheet tells about overtime and overtime provisions for different groups of workers.

The general rule for overtime is that employees are entitled to receive 1 1/2 times their regular wage for each hour worked after 48 in a week.

For example, if an employee makes $10.00 per hour, that employee would make $15.00 per hour for every hour worked over 48 hours. These rules also apply to some salaried workers.

Certain industries are characterized by irregular working hours and conditions and do not follow the general rule. Some have special rules about overtime and some others are not covered by overtime.

 

Special Rules

Some groups of workers have special rules to deal with overtime, called wage orders. The jobs covered by these wage orders are listed below.

 

Minimum Wage Order (General) — overtime is based on minimum wage

The following groups of workers receive overtime at 1 1/2 times the minimum wage after 48 hours worked in a week:

  • oil and gas workers (but not those in retail)
  • managers, supervisors, and employees employed in a confidential capacity
  • transport (this group can average over 96 hours in two weeks)
  • primary fish and agricultural processors (but not meat)
  • flat-rate auto mechanics / auto body technicians
  • certain professionals and their trainees
  • IT professionals (but not employees who provide basic operational/technical support)
  • shipbuilders and related workers (but not those in retail)

 

Minimum Wage Order (Construction and Property Maintenance)

The following groups of workers receive 1 1/2 times their regular wage after 110 hours worked in two weeks:

  • those constructing, restoring or maintaining roads, streets, sidewalks, structures or bridges (except municipal)
  • those doing paving of all sorts
  • water and sewer installers
  • landscapers and snow removal workers
  • saw mill workers
  • metal fabricators and machine shop workers

 

Workers Not Covered by Overtime Rules

  • The following groups of workers are not covered by
  • overtime rules:
  • certain farm workers
  • apprentices employed under the terms of an apprenticeship agreement under the Apprenticeship and Trades Qualifications Act
  • anyone receiving training under government sponsored and government approved plans
  • anyone employed at a non-profit playground or summer camp
  • real estate and car salespeople
  • certain commissioned salespeople who work outside the employer's premises, but not those on established routes
  • insurance agents licensed under the Insurance Act
  • anyone working on a fishing boat
  • anyone who does domestic service for or gives personal care to an immediate family member in a private home and is working for the householder
  • anyone who does domestic service for or gives personal care in a private home and is working for the householder for 24 hours or less per week
  • those in the logging and forest industry
  • janitors and building superintendents in buildings that include their residence
  • live-in health care and live-in personal care providers

 

See also

 

I have questions

If you have any questions, please contact Labour Standards.

 

 

Key Document

 

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