Do I need to pay employees overtime if they work longer hours one week but fewer hours the next?
If the employee is exempt, then they are not entitled to overtime. In the case of non-exempt employees, you are not required to pay overtime in this situation if you choose to average an employees hours of work. In order to have employees work longer than 48 hours in a week up to a specified number of hours, you must do three things: Give employee a copy of the handout on Hours of Work and Overtime Pay Information for Employees About Hours of Work and Overtime Pay Obtain written agreement from the employee Receive approval from the Director of Employment Standards. Any averaging agreement approved for up to 60 hours per work week will expire on the date set on the approval and cannot be more than three years from the date the approval was issued. Any averaging agreement approved in excess of 60 hours per work week must have an expiry date not more than one year after the approval was issued. An employee can cancel this agreement to work excess weekly hours by giving the employer two we
