Toronto_Dispatcher
New member
- Feb 8, 2009
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4 days on, 4 days off? Our work week is considered "4 days" as stated on my contract. I'm a full time employee. I'm new to canada pretty much this was my first job and I've been here for 3.5 years. I am often times asked by my company to work as much as up to 90 consecutive hours due to staff shortage. I.E I have worked up to 7-10 days straight, 12 hour days.
My question is this. Am I entitled to over time? My company pays me for my salary (and i work 48 hours per week, and do not receive extra compensation after 44 hours, they just write it away into book keeping fairytale land) anytime I work a day beyond this "4 day, 12 hour a day" work shift, I was told upon employment that because I'm salaried I don't make overtime but they give us a generous compensation of "regular pay" for each day extra.
Example, I work 4 days on, at 12 hours = 48 hours. I am not paid anything extra. I come in and work 3 days extra in a row after that (36 hours extra) They pay me my normal "hourly" rate as determined by my salary breakdown and the labour website x 36 hours. I've never been paid over time.
I'm a dispatch and my job category does not fall into any of the exempt categories. In fact I found sites that show support that my job is specifically covered. I also have a friend in another dispatch job that gets paid overtime and is salaried for anything over 44 hours in a week.
Should I report them to ESA and file a claim. Talk to a lawyer?? Am I entitled to back overtime pay from 3.5 years worth? According to my calculations I earned a total of "19,021" dollars in "extra pay" that was paid to me in addition to my normal 48 hour work week.
Shouldn't I be getting an extra 50% for the overtime on top of that. I.E i should have been paid somewhere closer to 29,000 if you take into account overtime? so they owe me outstanding nearly 10,000 ?
That's not even taking into account that I never got paid for any overtime past the "44 hour work week" even though my work week is 48 hours. so thats an addition 4 hours per work week x overtime rate that I never received.
Anyone familiar with Ontario labour laws think I have a valid case here before I get my work place mad at me for trying to get all this extra money?? I was very naive in canada and just believed what I was told when I first arrived here and happy to get my first job.
and NO i never signed anything including an "averaging" agreement that stated anything about not being paid for overtime, giving up my rights, etc.
My question is this. Am I entitled to over time? My company pays me for my salary (and i work 48 hours per week, and do not receive extra compensation after 44 hours, they just write it away into book keeping fairytale land) anytime I work a day beyond this "4 day, 12 hour a day" work shift, I was told upon employment that because I'm salaried I don't make overtime but they give us a generous compensation of "regular pay" for each day extra.
Example, I work 4 days on, at 12 hours = 48 hours. I am not paid anything extra. I come in and work 3 days extra in a row after that (36 hours extra) They pay me my normal "hourly" rate as determined by my salary breakdown and the labour website x 36 hours. I've never been paid over time.
I'm a dispatch and my job category does not fall into any of the exempt categories. In fact I found sites that show support that my job is specifically covered. I also have a friend in another dispatch job that gets paid overtime and is salaried for anything over 44 hours in a week.
Should I report them to ESA and file a claim. Talk to a lawyer?? Am I entitled to back overtime pay from 3.5 years worth? According to my calculations I earned a total of "19,021" dollars in "extra pay" that was paid to me in addition to my normal 48 hour work week.
Shouldn't I be getting an extra 50% for the overtime on top of that. I.E i should have been paid somewhere closer to 29,000 if you take into account overtime? so they owe me outstanding nearly 10,000 ?
That's not even taking into account that I never got paid for any overtime past the "44 hour work week" even though my work week is 48 hours. so thats an addition 4 hours per work week x overtime rate that I never received.
Anyone familiar with Ontario labour laws think I have a valid case here before I get my work place mad at me for trying to get all this extra money?? I was very naive in canada and just believed what I was told when I first arrived here and happy to get my first job.
and NO i never signed anything including an "averaging" agreement that stated anything about not being paid for overtime, giving up my rights, etc.