Ridout Barron


Alberta employees who do not earn pay for overtime hours

Many employees are asked to work overtime hours at some point in their careers. The government defines overtime as the number of hours more than eight worked each day in one workweek or the number of hours more than 44 worked in one workweek, whichever is greater. However, this overtime law does not apply to all employees.

Some workers who do not earn pay for working overtime include farm workers, licensed land agents, extras in movies or other video productions, licensed sales representatives for securities and real estate, and licensed insurance sales representatives who earn only commission income. Supervisors, managers and similar employees who are hired confidentially also do not earn pay for overtime hours.

Other sales representatives to whom overtime pay does not apply are those who sell trucks, automobiles, machinery, equipment, or homes; who participate in direct selling for direct sellers; and who mostly solicit orders outside of a place of business and partially or fully receive commission income. Professionals, such as veterinarians, psychologists, architects, lawyers, engineers or dentists, fall into this exception as well.

In addition to these job roles, recreational or educational camp instructors or counselors who work for not-for-profit or charitable organizations do not earn pay for overtime. Domestic workers employed in an employer's residence for the convenience, comfort and care of the residents are included in this exception too.

This is just a general idea of the employees who do not earn overtime pay. In some cases, workers enter contracts with their employers for overtime hours and pay. If there is a breach of contract, a worker might be entitled to payment of the overtime owed and other compensation. Employees who believe that they are owed overtime pay could contact lawyers to help them determine the best course of action for their circumstances.

Source: Alberta Government, "Employment Standards Fact Sheets," Jan. 29, 2015

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