AM I ENTITLED TO OVERTIME PAY WHILE WORKING FROM HOME?

The pandemic caused by COVID-19 has increased the number of individuals who have been asked or required to work from home. As you can imagine, with the advent of technology and the inability to unplug, many employees are working longer hours at home than they were at the office. The question is, are these employees entitled to overtime pay?

Subject to a number of exceptions, an employee is entitled to overtime pay of at least 1.5 times the employee’s pay for every hour worked in excess of 44 hours in each week. This applies to full-time workers, part-time workers, student workers and casual workers. Furthermore, it applies to both salaried employees and employees who are paid hourly. 

Generally speaking, the Employment Standards Act, 2000 (“ESA”) does not contain any condition on overtime eligibility based on location of work. Thus, whether you are working from your office, home, or cottage, if you are an overtime-eligible employee and meet the threshold, you are entitled to overtime pay.

It is unlawful for an employer to breach the minimum standards under the ESA. If an overtime-eligible employee works more than 44 hours per week, he or she must be compensated in accordance with the law. Thus, as an employee, you should ensure that you document your working hours, whether at the office, home or a combination of the two, in order to receive fair compensation.

Notwithstanding the above, it is also important for you to abide by any policies against working unauthorized overtime hours as you risk facing discipline for breach of such policies.

To better understand whether you are eligible for overtime pay, contact Jesse Mack by phone or email for a free consultation.