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In Ontario, most employees are legally entitled to overtime pay — 1.5 times their regular rate — for every hour worked beyond 44 in a week. If your employer is not paying it, that is a violation of the Employment Standards Act. You have the right to file a complaint, recover unpaid wages, and in some cases pursue additional legal remedies.
First — confirm you are entitled to overtime pay
Under Ontario’s Employment Standards Act, 2000, most employees are entitled to overtime pay after working more than 44 hours in a single work week. The rate is at least 1.5 times your regular pay for every overtime hour. This applies whether you are full-time, part-time, or hourly.
A small number of employees are exempt — including certain managers and supervisors, IT professionals in specific roles, and some regulated professionals. Simply having a senior-sounding job title does not make you exempt. What matters is what you actually do. If your employer is telling you that you do not qualify without a clear legal basis, that claim is worth challenging.
Common ways employers avoid paying overtime — and why they are wrong
“You are salaried so no overtime”
Being salaried does not automatically exempt you. Salary is a method of payment — not a waiver of overtime rights.
“You agreed to work extra hours”
Agreeing to work overtime does not mean agreeing to work without pay. Overtime must still be compensated at the correct rate.
“You are a manager”
The exemption only applies if management is your primary function. If you spend most of your time doing the same work as your team, you likely still qualify.
“We give you time off instead”
Time off in lieu is only permitted if there is a written agreement and the rate is 1.5 hours off for every overtime hour worked. Straight-time comp is not acceptable.
What to Do — Step by Step
Start keeping a personal record of your daily start and end times — separate from any employer system. Save emails sent late, calendar invites, login records, or any other evidence that shows when you were working. Go as far back as you can. You have up to two years to claim unpaid overtime under the ESA.
Before filing a formal complaint, consider sending a written email to HR or your manager clearly stating that you have worked overtime hours and are not being compensated at the correct rate. Keep it factual and professional. This creates a record — and sometimes resolves the issue without needing to escalate.
If your employer does not resolve it, you can file a free complaint with Ontario’s Ministry of Labour at ontario.ca/labour. An employment standards officer will investigate and can order your employer to pay the wages owed — plus interest. The complaint window covers the past two years of unpaid overtime.
If the unpaid overtime is significant — especially if it involves a pattern over months or years — a civil claim may recover more than an ESA complaint alone. A lawyer can also advise you on whether other violations occurred alongside the overtime issue and whether your employer’s conduct warrants additional remedies.
You are protected from retaliation. Ontario’s ESA makes it illegal for an employer to fire, demote, discipline, or threaten you for asking about overtime pay or filing a complaint. If your employer retaliates against you for asserting your rights, that is a separate ESA violation — and you can pursue that too.
The bottom line: Unpaid overtime is wage theft — and Ontario law takes it seriously. You have up to two years to recover what you are owed. Document your hours, raise it in writing, and if your employer refuses to pay, file a complaint or speak with an employment lawyer. The process is straightforward and the protection is real.
