Department of Community Services

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 Labour Services Office on the 3rd Floor of the Law Centre, 2130-2nd Avenue, Whitehorse, Yukon or call (867) 667-5944 (toll free within the Yukon 1-800-661-0408 extension 5944).

  1. What are the standard hours of work?
  2. What is overtime?
  3. What is the overtime rate of pay?
  4. Do the hours of work and overtime provisions apply to all employees?
  5. Can overtime be taken in paid time off rather than a cash payment?
  6. Does the Act guarantee the employee a minimum of hours?
  7. What are the maximum hours of work in a week?
  8. What are the rest period provisions?
  9. Can a 40-hour week be worked in less than five (5) days?
  10. Can the overtime requirements be altered?
  11. Must a salaried employee be paid overtime?
  1. What are the standard hours of work?
    The standard hours of work are eight (8) in a day and forty (40) in a week. A general holiday reduces the standard hours by eight hours.

  2. What is overtime?
    Overtime is any hours worked in excess of eight (8) in a day and forty (40) in a week.

  3. What is the overtime rate of pay?
    The overtime rate is one and one-half times the employee's regular pay rate.

  4. 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.

  5. 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.

  6. 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 hours' wages at the applicable regular or overtime rate whether or not the employee works part or all of the two 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.

  7. 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 in one day and forty in one week.

  8. What are the rest period provisions?
    Rest periods are not included in the hours worked, unless the employee is required to stay at the worksite.

    1. An employee who works 10 hours per day or less must work no longer than five (5) hours without a one-half hour eating period. An employee who works more than 10 hours per day cannot work longer than six hours without a meal break. If the employee is free to leave the worksite, the meal break is unpaid.
    2. An employee 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.
    3. An employee is entitled to two (2) full rest days in a week wherever practicable. An employee who regularly works overtime may work 28 continuous days or 35 continuous days if the additional seven (7) days will complete the project without a rest day. The employee is then entitled to at least one (1) rest day for each seven (7) continuous days worked. These rest days are to be taken consecutively.
    4. An employee 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.

  9. 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 twelve (12) and the total hours in a two week period can not exceed eighty (80) without the employer paying overtime.

  10. 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 2 or more weeks, so that overtime becomes payable after 80 hours worked in a two-week period, etc.

  11. 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.