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Department of Community Services
Employment Standards
Hours of Work and Overtime
The following questions and answers are for information purposes only. For actual interpretation and application purposes refer to the Employment Standards Act and regulations, or contact an Employment Standards Officer in the Employment Standards Office at 307 Black Street, Whitehorse, Yukon or call (867) 667-5944 (toll free within the Yukon 1-800-661-0408 extension 5944).
-What are the standard hours of work?
-What is overtime?
-What is the overtime rate of pay?
-Do the hours of work and overtime provisions apply to all employees?
-Can overtime be taken in paid time off rather than a cash payment?
-Does the Act guarantee the employee a minimum of hours?
-What are the maximum hours of work in a week?
-What are the rest period provisions?
-Can a 40-hour week be worked in less than five (5) days?
-Can the overtime requirements be altered?
-Must a salaried employee be paid overtime?
What are the standard hours of work?
The standard hours of work are eight (8) in a day or 40 in a week. A general holiday reduces the standard hours in a week by eight (8) hours.
What is overtime?
Overtime is any hours worked in excess of eight (8) in a day or forty (40) in a week.
What is the overtime rate of pay?
The overtime rate is one and one-half times the employee's regular pay rate.
Do the hours of work and overtime provisions apply to all employees?
They do not apply to members of the employer's family, travelling salespersons and persons whose duties are primarily supervisory/managerial and persons identified as exempt under the General Exemption Regulation.
Can overtime be taken in paid time off rather than a cash payment?
As long as there is an agreement in writing or as part of a Collective Agreement, time off with pay in lieu of overtime is provided for in the Act. The time off must be calculated by multiplying the hours of overtime worked by the employee by time and one half and be paid at his/her regular rate of pay at the time it was earned. Any unused lieu time must be paid out within a twelve month period stated in the agreement or if none is specified, within a calendar year.
Does the Act guarantee the employee a minimum of hours?
An employer who requires an employee to report to work must pay the employee minimum reporting pay of two (2) hours' wages at the applicable regular or overtime rate whether or not the employee works part or all of the two (2) hours. There are some exceptions to this requirement. For further details, refer to the Reporting Pay Order (O.I.C. 1991/113), or contact the Labour Services Office.
What are the maximum hours of work in a week?
Generally, the Act does not limit the maximum hours, but the employer must pay overtime, where applicable, for all hours worked in excess of the standard and must comply with the rest period provisions. When an employee considers that he or she is required to work hours that are excessive or detrimental to his or her health and safety, a complaint should be filed with the Director of Employment Standards. If the Director is satisfied that the complaint is justified, the employer may be ordered to limit the daily or weekly hours of work to not less than eight (8) in one day and 40 in one week.
What are the rest period provisions?
Rest periods are not considered as hours worked. An employee:
- who works ten (10) hours per day or less must work no longer than five (5) hours without a 30 minute eating period. An employee who works more than ten (10) hours per day cannot work longer than six (6) hours without a meal break. For the purpose of computing the hours worked by an employee, the period allowed for a meal break is not counted as time worked unless the employee is required to work during that period;
- must have eight (8) consecutive hours off between shifts. The rest period may be reduced to six (6) hours in an emergency, or on the order of the Director of Employment Standards;
- is entitled to two (2) full days of rest in each week wherever practicable. An employee who regularly works overtime may work 28 continuous days or 35 continuous days if the additional seven (7) days, without a day of rest, will complete the project. The employee is then entitled to at least one (1) day of rest for each seven (7) continuous days worked. These days of rest are to be taken consecutively.
- working a split shift must complete the shift within 12 hours of its commencement unless they are employed primarily to serve bus tour passengers in a lodge. An employer can apply to the Director of Employment Standards to have the 12 hour limit varied.
Can a 40-hour week be worked in less than five (5) days?
A compressed work week may be implemented when there is a written agreement between the employer and either a majority of the employees or the employees' bargaining agent. However, the daily hours are limited to 12 and the total hours in a two (2) week period can not exceed eighty (80) without the employer paying overtime. Sample 2-week averaging agreement
Can the overtime requirements be altered?
Employers can apply to the Director to issue a permit to average the hours of work. Permits may be granted when:
- the nature of the work justifies the irregular distribution of the hours of work; or
- the employer and the trade union representing employees agree to an averaging arrangement; or
- the employer and a majority of employees at a non-union worksite agree in writing to averaging.
An averaging permit would allow hours of work to be averaged over a period of two (2) or more weeks, so that overtime becomes payable after 80 hours worked in a two-week period, etc.
Must a salaried employee be paid overtime?
Employees paid a salary are entitled to overtime unless their duties are primarily managerial or supervisory. Persons who occasionally perform managerial or supervisory duties are not exempt from the requirement to be paid overtime.
