Guide · Pay

Overtime in Ontario: the 44-hour rule, and what's different on a construction crew

In Ontario most employees earn overtime after 44 hours in a work week, at 1½ times their regular rate. Construction work has some special rules — check them before you set your crew's schedule.

The basic rule: 44 hours, time and a half

Overtime starts after 44 hours worked in a work week. Every hour over 44 is paid at 1½ times the regular rate. A worker on $30 an hour who works 50 hours earns 44 × $30 plus 6 × $45.

Averaging over 2–4 weeks

You and an employee can agree, in writing or electronically, to average hours over two, three or four weeks. Overtime is then owed only if the average is over 44 hours a week. Useful when one week is long and the next is short.

Time off instead of overtime pay

If the employee agrees, overtime can be banked as paid time off — 1½ hours off for every overtime hour. The time off generally has to be taken within three months, or within 12 months if you both agree in writing or electronically.

Construction has special rules

The ESA treats construction employees differently on some points:

  • they're exempt from the hours-of-work and rest-period limits;
  • public holidays have their own rules;
  • some kinds of work, like road building, have a different overtime threshold.

Use the province's special rules tool for the exact rule for your kind of work.

Subcontractors don't get overtime

Overtime is an employee right. A self-employed subcontractor bills you for the job instead. Not sure which one your worker is? Employee or subcontractor →

Seeing the hours before Friday

In CrewHub the crew clocks in on site, so the week's hours for each person are counted as you go. You set each person's pay rules — including overtime — and Payroll shows what each person is owed. The rules for your crew stay your call; the math is done for you.

Questions

Is overtime after 8 hours a day?

Not under Ontario's general rule: it's after 44 hours in a work week.

Do managers get overtime?

Not when their work is managerial or supervisory.

General information, not legal advice. Sources: Government of Ontario, “Your guide to the Employment Standards Act — Overtime pay” (updated February 2026) and the ESA special rules; checked October 2026.