It can be confusing to know when you are required to pay your caregiver overtime and how much as the expectations can vary from province to province. Any hours worked in excess of the standard hours of work are considered overtime hours and the Employment Standards Act clearly sets out the minimum standard in each province for how working hours and overtime compensation should be handled.
For example, in Alberta , domestic workers are exempt from overtime compensation entirely but in Ontario , domestic workers are entitled to overtime compensation after working 44 hours in a week and they are paid 1.5 times their regular wage. In BC , domestic workers are paid overtime if they work above 8 hours in a day or 40 hours in a week and those hours are paid 1.5 times their regular wage. Also, if a caregiver works more than 12 hours in a day, they are paid at twice the regular wage.
It doesn’t matter if an employee is considered a full-time or part-time employee, they are still entitled to overtime pay as per the standards set out by their province. Also, if your nanny is paid a salary wage, they are still entitled to be paid overtime. Some employers choose to add overtime right into the salary amount, just be sure the salary is at least minimum wage for hours worked, factoring in overtime.
It’s important to be aware what your responsibilities are with regard to paying for overtime hours. Since each province is different in how they define the minimum standards for overtime, you can refer to your individual province’s employment standards online or contact us for further assistance.
If you find you need any assistance in determining your responsibility for overtime pay, please contact us!
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