Overtime in a Day Versus Overtime in a Week

Overtime in a Day

Employees who are scheduled to work for eight hours per day earn overtime after working more than eight hours a day.

Employees who are scheduled to work for 10 hours per day for four days in a week earn overtime after working more than 10 hours a day.

For scheduling hours of work and overtime, the employer may define a “day” as either:

• Any period of 24 consecutive hours starting at the time the employee is scheduled to begin work; or
• A calendar day (midnight to midnight).

Employers may define the day for each employee or group of employees. Employers must ensure each employee is aware of how the day is defined by including the definition in their work schedules.

Employers must be consistent in their definition of a day and not change it frequently. However, employers may change the day for operational reasons.

Regardless of how the day is defined, employers must provide at least eight hours of rest in any twenty-four consecutive hours, except in emergency circumstances. An emergency circumstance is a situation with an imminent risk or danger to a person, property or an employer’s business that could not have been foreseen by the employer.

A day for any reason other than hours of work, rest periods, scheduling and overtime is a calendar day.

Overtime example with a day defined as any period of 24 consecutive hours

On Monday, the employee is scheduled to work from 7 a.m. to 3 p.m. (eight hours). As the employee was not called back to work during the 24 consecutive hours from 7 a.m. on Monday to 7 a.m. on Tuesday, no overtime is owed. The same can be said for the next 24 hours from 7 a.m. on Tuesday to 7 a.m. on Wednesday.

On Wednesday, the employee is scheduled to begin work at 10 a.m. until 6 p.m. (eight hours). During the 24 hours from 10 a.m. on Wednesday to 10 a.m. to Thursday, the employee is called back to work at 7 a.m. on Thursday. Hours worked between 7 a.m. and 10 a.m. (three hours) are payable at the overtime rate. The remaining five hours of work on Thursday would be paid at straight time because a new 24-hour period began at 10 a.m.

Since there is no overtime from 10 a.m. on Thursday to 10 a.m. on Friday, the next period of 24 consecutive hours would begin at 7 a.m. on Friday and end at 7 a.m. on Saturday.

Overtime example with a day defined as any period of 24 consecutive hours

This example assumes the employee takes a 30-minute unpaid meal break.

The employee works 10 hours on Wednesday. The employee would be entitled to two hours of overtime.

Maximum Hours of Work in a Day

Even if the employer pays overtime, employees cannot be scheduled to work more than 16 hours in any 24-hour period unless there is an emergency. Employees must receive at least eight consecutive hours of rest in every 24-hour period.

Overtime in a Week

Overtime in a Regular Work Week

Overtime in a regular work week starts after 40 hours.

A regular work week has 40 hours. The employer may choose to schedule the 40 hours over five eight-hour days or four 10-hour days.

Overtime in a Week With a Public Holiday

A week with a public holiday has 32 hours. Employers can schedule employees to work those 32 hours in four eight-hour days OR three 10-hour days.

Overtime is payable after 32 hours in a week with a public holiday. For example, if a workplace has a week that runs from Sunday to Saturday and employees work eight hours per day Monday to Friday and a public holiday falls on Saturday, the 32 hour weekly overtime limit will be reached on Thursday.

Overtime by the Day and Week

Employees receive whichever is greater – overtime earned by the day or overtime earned in the week.

Overtime by the Day, but Not by the Week

Example:

An employee is scheduled to work for eight hours per day. The employee is asked to work ten hours on one day. The employee works 40 hours for the week. This employee would be paid two hours of daily overtime for Thursday.

Overtime by the Week, but Not by the Day

Example:

An employee is scheduled to work six eight-hour days from Monday to Saturday for a total of 48 hours for the week. This employee would be eligible for eight hours of overtime pay.

Overtime by the Week and by the Day

Example: An employee is scheduled to work eight hours per day but also starts the week with an additional four hours on Sunday and is required to work 10 hours on Tuesday, for a total of 46 hours of work. This employee has earned two hours of daily overtime on Tuesday and four hours of weekly overtime. Since weekly overtime is earned after an employee has worked more than forty hours in a week, this employee, while they started their week on Sunday, didn't earn weekly overtime until the last four hours of work on Friday.