The persistent misconceptions around who qualifies for overtime pay continue to amaze me on both sides of the table. I have represented a number of employees who have worked ridiculously long hours for their employer without any additional compensation when employment standards legislation clearly stipulates time and a half beyond a certain threshold. On the other side, I have had to deliver some tough news to employer clients as to who is eligible for overtime so that they can avoid stepping on a financial landmine.
Overtime claims before the courts, unlike many other damage claims, are not subject to time limitations or caps on damages. Employers on the losing end of judgments can find themselves paying overtime claims stretching back many years.
Here are some common myths about who qualifies for overtime pay and who does not:
Myth #1 – Anyone with a managerial title cannot claim overtime. Only those…
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