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Hours of Work and Overtime

This is where most workplaces quietly break the rules, and where most workers silently let them. Knowing how hours and overtime are supposed to work is probably the single most useful thing on this site.

Under the Manitoba Employment Standards Code, the standard hours of work are generally:

  • 8 hours in a day, and
  • 40 hours in a week.

Time worked beyond that is overtime. There are some occupations and arrangements (e.g. averaging agreements, modified hours arrangements) where these thresholds shift, but for most office, retail, hospitality, and trades workers, 8/40 is the rule.

Overtime is paid at 1.5× your regular hourly wage for each hour worked beyond the standard.

Salaried employees are not automatically exempt from overtime. Whether you’re paid hourly, weekly, or annually, the underlying entitlement is the same, your salary is converted to an effective hourly rate and any hours beyond the standard work week are owed at 1.5× that rate.

A few categories of employee don’t qualify for overtime, including:

  • Managers and supervisors whose primary duties involve directing other employees and who have meaningful authority (hiring, firing, scheduling).
  • Certain occupations specifically named in the code or its regulations (the list changes; verify current entries).

The “manager” exemption is heavily abused. Job titles don’t determine exemption, actual duties do. If your title is “Manager” but you spend most of your time doing the same work as the people you supposedly manage, with no real authority, you may not be exempt at all. An Employment Standards officer can determine this.

Watch for these. They’re all violations of the code, even when they’re “normal” at your workplace:

  • Unpaid overtime. “Just get it done before the deadline.” If you worked it, you’re owed it, even if you didn’t ask permission first, as long as the employer permitted or required the work.
  • Off-the-clock work. Answering emails or Slack messages outside hours, attending mandatory meetings before or after your shift, doing prep at home. If it’s required and benefits the employer, it’s work.
  • “Time in lieu” without an agreement. Banking overtime as future time off is allowed only under specific conditions in the code. Quietly substituting a day off later for overtime owed today is often non-compliant.
  • Working through vacation. If you’re on approved vacation, you should not be doing work, and if you are, you may be entitled to additional pay.
  • Ignoring breaks and rest periods. The code requires unpaid meal breaks after a certain number of consecutive hours and minimum rest periods between shifts. Skipping these “because we’re busy” isn’t optional.

What to Do If You’re Not Being Paid for Overtime

Section titled “What to Do If You’re Not Being Paid for Overtime”
  1. Track your actual hours yourself. Keep a private log, start time, end time, breaks, what you worked on. Don’t rely on the employer’s timekeeping alone, especially if it’s manual or after-the-fact.
  2. Check your wage statements. You’re entitled to a wage statement showing hours worked, rate, deductions, and totals. Compare it to your log.
  3. Decide whether to raise it internally first. Some workers do; some don’t. Either way, document everything.
  4. Know that you can file a claim for unpaid overtime, even after you’ve left. See When to file a claim.