Overtime is paid at 1.5 times the regular rate after 44 hours in a week.
Version 2 · effective from · verified on
Verification: approved by a person (carried over from Juriset's first release).
Exceptions
Category
employees whose principal employment responsibilities consist of supervising or directing human or other resources
Condition
Part 3 and sections 23, 24 and 25 do not apply (ESA s.3(3)(a))
Category
employees employed in an executive role
Condition
Part 3 and sections 23, 24 and 25 do not apply (ESA s.3(3)(b))
Category
employment governed by a collective agreement pursuant to the Labour Act
Condition
This Act does not apply, except for listed provisions, which do not include section 24 or 25 (ESA s.3(2))
Category
salespersons whose income is derived primarily from commission on sales
Condition
The Act, except sections 36 to 39, and Parts 7 and 8 as they relate to those sections, does not apply (Employment Standards Regulations s.1(1)(a))
Category
farm labourers employed in an undertaking that, in the opinion of the Board, is not a commercial undertaking
Condition
The Act, except sections 36 to 39, and Parts 7 and 8 as they relate to those sections, does not apply (Employment Standards Regulations s.1(1)(b))
Category
persons employed as athletes
Condition
Sections 15, 20 to 35, and Part 6 of the Act do not apply (Employment Standards Regulations s.1(4))
Category
private-home caregivers and live-in employees of non-profit organizations
Condition
Employees solely employed to care for a child, a person with a disability or an older person in a private home, and employees of a non-profit organization who are required to live in a facility operated by the organization: sections 15, 20 and 21 of the Act, and any orders made pursuant to section 15 or 20 of the Act, do not apply (Employment Standards Regulations s. 1(2)). Section 15 sets the standard weekly hours (44) from which overtime hours are counted (Act s. 1(m)); section 24 (overtime pay) is not among the sections listed.
Multiplier
1.5
Alternative schemes
Group
an employer and an employee who enter into an averaging agreement
Condition
by written agreement to average the employee's hours of work over a period of two to four weeks for the purpose of determining the employee's entitlement, if any, to overtime pay (ESA s.25(1)); overtime at one and one-half times the regular wage rate for each hour that exceeds an average of 44 hours per week (ESA s.25(5))
Threshold weekly hours
44
Source:Employment Standards Act, s. 24(1) (supports multiplier, threshold_weekly_hours, alternative_schemes[0])
Subject to subsections (2) and (3), an employer shall pay an employee at the rate of one and one-half times the employee’s regular wage rate for each overtime hour. … “overtime hour” means an hour of work performed by an employee for an employer in a work week, in excess of the employee’s standard weekly hours; … Except as otherwise specified by order of the Board and subject to any averaging agreement, the standard number of hours of work of an employee in a work week is 44 hours. … Part 3 and sections 23, 24 and 25 do not apply to the employment of (a) an employee whose principal employment responsibilities consist of supervising or directing human or other resources; or (b) an employee employed in an executive role. … This Act does not apply to an employment governed by a collective agreement pursuant to the Labour Act R.S.P.E.I. 1988, Cap. L-1, except for the following provisions: … Notwithstanding section 24, an employer and an employee may enter into a written agreement to average the employee’s hours of work over a period of two to four weeks for the purpose of determining the employee’s entitlement, if any, to overtime pay. … During the period covered by an averaging agreement, the employer shall pay an employee at the rate of one and one-half times the employee’s regular wage rate for each hour of work the employee is required or permitted to perform for the employer that exceeds an average of 44 hours per week.
The Act, except sections 36 to 39, and Parts 7 and 8 as they relate to those sections, does not apply to (a) salespersons whose income is derived primarily from commission on sales; or (b) farm labourers employed in an undertaking that, in the opinion of the Board, is not a commercial undertaking. … Sections 15, 20 to 35, and Part 6 of the Act, and any order made pursuant to section 15 or 20 of the Act, do not apply to persons employed as athletes.