Overtime Pay

Your Right to Overtime Pay in Brampton

Working extra hours without fair compensation? Many employees in Brampton don’t realize they may be entitled to 1.5 times their regular wage for any time worked over 44 hours a week.

At Brampton Employment Lawyers, we support workers who’ve been denied proper overtime pay or are unsure if their employer is violating Ontario’s wage laws.

When Does Overtime Pay Apply in Ontario?

Under the Employment Standards Act (ESA), most employees in Ontario are entitled to overtime pay after working more than 44 hours in a workweek.

Key rules include:

  • Overtime pay is 1.5x your regular rate (time-and-a-half)
  • It applies to hourly, salaried, or commission-based employees
  • Employers cannot average hours over multiple weeks without a written agreement approved by the Director of Employment Standards

Exemptions from Overtime Pay

Not every job is eligible. Common exemptions include:

  • Certain managers and supervisors
  • IT professionals in some roles
  • Licensed professionals (e.g., lawyers, architects)
  • Certain agricultural workers

However, some employers misclassify roles to avoid paying overtime. We frequently see disputes involving:

  • Employees with “manager” in the title but no true managerial authority
  • Salaried staff working 60+ hours without compensation
  • Forced unpaid overtime without clear agreements

Signs You Might Be Owed Overtime Pay

You may be entitled to unpaid wages if:

  • You consistently work more than 44 hours/week
  • Your job has changed, and you now do more non-managerial tasks
  • Your employer pays you a salary but never calculates hours worked
  • You were asked to stay late, skip breaks, or work off the clock

If any of the above sounds familiar, you may have a legal claim.

How Brampton Employers Evade Overtime Pay

We’ve seen local employers:

  • Misclassify workers as “independent contractors”
  • Average hours illegally over multiple weeks
  • Pressure staff to waive rights (you can't waive statutory rights!)
  • Underreport work hours to payroll
  • Expect after-hours emails, calls, or off-the-clock prep work

These tactics are illegal under Ontario law, and our team can help you recover unpaid wages—often going back up to two years.

How We Help Brampton Employees

Our employment lawyers assist with:

  • Reviewing your employment contract
  • Assessing whether you’re truly exempt
  • Calculating your unpaid overtime
  • Filing a claim under the ESA or in Small Claims Court
  • Negotiating settlements or going to court for back pay

Why Legal Advice Matters

Every job and industry is different. What’s legal in a startup may not be legal in retail or manufacturing. We’ll help you understand your specific situation—and ensure your employer follows the law.

Fighting for Fair Pay in Brampton

Brampton’s workforce is diverse—from factory floors and logistics warehouses to healthcare and call centres. Wherever you work, your overtime rights are protected.

Let Brampton Employment Lawyers help you recover what you’ve earned. Book a consultation today.

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