Overtime is paid at 1.5 times the regular rate after 40 hours in a week or 8 hours in a day.
Version 4 · effective from · verified on
Verification: approved by a person (carried over from Juriset's first release).
Basis
Any hours worked over 8 hours in a day or 40 hours in a week are overtime.
Exceptions
Category
employees who perform management functions primarily
Condition
Division 2 (standard hours of work) and Division 3 (overtime) of Part 2 do not apply to an employee who performs management functions primarily (s. 2(4)(a))
Category
employees with substantial control over their hours of work and high earnings
Condition
Division 2 and Division 3 of Part 2 do not apply to an employee who has substantial control over their hours of work and whose annual regular wage is at least two times the Manitoba industrial average wage, as defined by regulation (s. 2(4)(b))
Multiplier
1.5
Alternative schemes
Group
an employer and an employee or a group of employees not covered by a collective agreement
Condition
by written agreement determining standard hours for a specified period not exceeding 12 weeks; standard hours per day not to exceed 12 and per week not to exceed 60; standard hours for the period = W × H, where H is 40 or a lesser average authorized by the agreement (s. 11.1)
Group
employers authorized by a collective agreement or, in the absence of one, by a director's permit
Condition
averaging of standard hours for a specified period where the employee's weekly standard hours would otherwise be not more than 40; standard hours for the period = W × H, where H is 40 or a lesser authorized average (s. 12)
Group
an employee who is not covered by a collective agreement and who regularly works at least 35 hours per week
Condition
at the employee's request, a written individual flextime agreement exempting the employee from s. 10 standard hours and establishing alternative standard hours not exceeding 40 hours per week and 10 hours per day (s. 14.1)
Group
employees whose standard hours of work are determined under The Construction Industry Wages Act
Condition
Division 2 of Part 2 does not apply (s. 9); overtime means hours of work in excess of the employee's standard hours of work established under The Construction Industry Wages Act (s. 1(1))
Group
employees whose standard hours are increased by a collective agreement or a director's permit
Condition
The standard hours of work are 40 hours per week, or any greater number of hours per week prescribed by regulation or permitted by the director under section 13, and eight hours per day, or any greater number of hours per day (i) provided for in a collective agreement that applies to the employee, or (ii) prescribed by regulation or permitted by the director under section 13, if no collective agreement applies to the employee (s. 10). The director may, on application by an employer, issue a permit authorizing the employer to increase the standard hours of work (s. 13).
an employer must pay an employee a wage for overtime at an hourly rate that is not less than 150% of the employee's regular wage rate. … 40 hours per week, or any greater number of hours per week prescribed by regulation or permitted by the director under section 13 … eight hours per day, or any greater number of hours per day … Division 2 (standard hours of work) and Division 3 (overtime) of Part 2 do not apply to any of the following: … (a) an employee who performs management functions primarily; … (b) an employee who has substantial control over their hours of work and whose annual regular wage is at least two times the Manitoba industrial average wage, as defined by regulation. … An employer and an employee or a group of employees not covered by a collective agreement may enter into an agreement determining an employee's standard hours of work for a specified period … (e) specify the period over which the hours will be worked, which may not exceed 12 weeks; … An employer may determine an employee's standard hours of work for a specified period in accordance with subsection (2) if … (i) by a collective agreement, or … (ii) in the absence of a collective agreement, by a permit issued by the director on application by the employer; and … At the request of an employee who is not covered by a collective agreement and who regularly works at least 35 hours per week, an employer may enter into a written agreement with the employee that exempts the employee from the standard hours of work set out in section 10. … (ii) must not exceed 10 hours per day,
Employees are paid 1 ½ times their regular hourly wage for each hour (or part of an hour) worked during overtime. … Any hours worked over 8 hours in a day or 40 hours in a week are overtime.