"27 Goodmans partners among the leading Canadian lawyers." - Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada
Goodmans Publications

Reminder - Changes To Hours Of Work And Overtime Averaging Requirements Effective March 1, 2005

February-4-2005

Area Employment and Labour

Summary

As of March 1, 2005, changes to the Employment Standards Act ("ESA") require employers to receive approval from the Director of Employment Standards (the "Director") if:

  • an employee is permitted to work more than forty-eight (48) hours per week;
  • an employer averages an employee's hours of work over a period of more than one (1) week for the purposes of calculating overtime pay.

An employer cannot rely upon an existing agreement that is not approved by the Director. 

This update provides employers with practical information regarding the application process and what the Director will consider, the process while approvals are pending, and the new requirements for written agreements with employees.

It is not too late to submit an application for approval to the Director and have employees sign written agreements.  An application may be submitted to the Director before or after March 1, 2005.  If an approval is required, it is imperative that an application be completed as soon as possible.

If you must apply or are awaiting approval, we recommend that you contact us so that we can determine your eligibility to allow employees to work in excess of the weekly limit or overtime threshold while your application is pending. 

Download PDF