The number of hours some workers must work before earning overtime pay is different. This happens in businesses with workloads that change in a regular way. This is an average of 44 hours each. There is no overtime paid because the average number of hours worked each week is not over 44. Any agreement to average work hours must be approved by the Employment Practices Branch of the Ministry of Labour.
Overtime is a rule under the Employment Standards Act .
You cannot give up this legal right through an agreement. This is not legal under the Act. Hours worked on a public holiday are not counted into overtime if you are entitled to earn extra pay when you work on a public holiday. On the back page of this fact sheet are examples of how overtime pay is calculated for ordinary workweeks and for weeks with public holidays. If your work hours change but your weekly pay stays the same, you must first calculate your regular hourly wage.