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Answered in 6 minutes by:
2/7/2014
VerifiedThank you for your question. My goal is to provide you with the best possible answer.
To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.
But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
Your employer is incorrect salaried employees are entitled to over-time.
And yes, you can record a conversation so long as one party consents. You don't need to tell your boss.
I suggest you call the Employment Standards Branch tomorrow to discuss the over-time issue.
Here is the number to call:
GTA:(NNN) NNN-NNNNbr/> Canada-wide: 1-800-531-5551
And if you read this document you will see a full-discussion about overtime:
http://www.labour.gov.on.ca/english/es/tools/esworkbook/overtime.php
In particular you will see that it says this:
To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.
But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
Your employer is incorrect salaried employees are entitled to over-time.
And yes, you can record a conversation so long as one party consents. You don't need to tell your boss.
I suggest you call the Employment Standards Branch tomorrow to discuss the over-time issue.
Here is the number to call:
GTA:(NNN) NNN-NNNNbr/> Canada-wide: 1-800-531-5551
And if you read this document you will see a full-discussion about overtime:
http://www.labour.gov.on.ca/english/es/tools/esworkbook/overtime.php
In particular you will see that it says this:
C ) Fixed (Unchanging) Salary
An employee on fixed salary is someone whose hours of work may change from day to day but whose weekly salary stays the same. The fixed salary is actually the employee's pay for all hours worked up to and including 44 hours per week. Additional hours must be paid at an overtime rate.
View An ExampleD) Fluctuating or Adjustable Salary
A fluctuating or adjustable salary employee is someone who is paid a set salary for a set number of hours. However, his or her salary is adjusted if he or she works more or fewer than the set number of hours. Hours up to 44 are paid at straight time. Additional hours (> 44 hours) must be paid at an overtime rate.
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