Many Canadian employees are entitled to overtime, but rules vary by province. Generally, certain kinds (or classifications) of employees are not entitled to overtime pay. The classifications for these exempt employees, however, are not always clear. This can lead employers to inadvertently fail to pay a non-exempt employee overtime pay. Employers can then be liable for potentially years of back overtime pay.
This article provides a brief overview of how employers can understand and properly implement overtime exemptions. Each case is fact-specific; whenever in doubt, one of our experienced employment lawyers can provide guidance on an as-needed basis.
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