Overtime in Ablerta

[undercoverbrother]

I am wondering if we have anyone that has a good understanding an application of laws surrounding overtime in Alberta.

Specifically as it applies to salaried employees in non-management roles (as I understand if managers do not qualify for OT).

[Torture]

Salaried non-management roles are entitled to overtime (unless part of an industry or specific job that is not entitled and there are a number of carve-outs).

https://www.alberta.ca/overtime-hours-overtime-pay

[undercoverbrother]

Originally Posted by Torture

Salaried non-management roles are entitled to overtime (unless part of an industry or specific job that is not entitled and there are a number of carve-outs).

https://www.alberta.ca/overtime-hours-overtime-pay

Thank you

[Lubicon]

Originally Posted by Torture

Salaried non-management roles are entitled to overtime (unless part of an industry or specific job that is not entitled and there are a number of carve-outs).

https://www.alberta.ca/overtime-hours-overtime-pay

My entire group that I oversee (non management but salaried) are classified as 'exempt' by my employer, whatever that means. They do not get paid overtime. That's always seemed sketchy to me.

[undercoverbrother]

Originally Posted by Lubicon

My entire group that I oversee (non management but salaried) are classified as 'exempt' by my employer, whatever that means. They do not get paid overtime. That's always seemed sketchy to me.

Great point.

It seems logical to me that an employer can't decide what employees are OT exempt.

I'd put them all as exempt.

[GGG]

Originally Posted by undercoverbrother

Great point.

It seems logical to me that an employer can't decide what employees are OT exempt.

I'd put them all as exempt.

An employer can make a judgement whether a particular job meets the exemption status. An employee can sue their employer if they believe they are categorized wrong.

So if you follow the link torture put up for things like oil field servicing it’s just 12hrs per day with no weekly cap or for engineers none at all.

[Locke]

I dont know how they do things over in Ablerta but over here....

[getbak]

Only certain professions are classified as exempt by Alberta employment standards: https://www.alberta.ca/hours-work-rest#exempt

If they are not on that list, they are not exempt. Keep in mind that "Professionals" is not a blanket category for any office worker. It is specifically the professions listed.


https://energynow.ca/2018/08/sheddin...endy-ferguson/

Professional Exemption

Employment Standards provides a list of ‘professionals’ that are automatically exempt from the rules of overtime (shown above), but it only lists 15 professions on the “Overtime Hours and Overtime Pay” guidance sheet for employers on the website. If you dig further into the Alberta Employment Code, it will list in more detail these 15 professions. I contacted Alberta Employment Standards to inquire if there were any other occupations or designations that are deemed “professional” (such as my own designation which is a Chartered Human Resources Professional). Turns out, no. There are no other defined professions other than those listed above that may be deemed as a “professional” in terms of determining overtime eligibility.

I have seen a lot of non-compliance surrounding this ‘professional’ label in organizations. The truth is that a company can’t call just anyone a professional, thereby determining they are not eligible for overtime. Sure, they could fall under another non-eligible category such as manager, but that must be proven by using the test above.

[woob]

Ablerta eh?

*yes I have nothing useful to add.

[iggy_oi]

Originally Posted by GGG

An employer can make a judgement whether a particular job meets the exemption status. An employee can sue their employer if they believe they are categorized wrong.

So basically if you want your employer to pay you correctly you have to put yourself in a position where they’ll likely terminate your employment.

[Locke]

Originally Posted by iggy_oi

So basically if you want your employer to pay you correctly you have to put yourself in a position where they’ll likely terminate your employment.

Thats Ablerta for ya. Lawless land!

[iggy_oi]

Originally Posted by Locke

Thats Ablerta for ya. Lawless land!

Every so often we manage to agree on something.

[Torture]

Originally Posted by Lubicon

My entire group that I oversee (non management but salaried) are classified as 'exempt' by my employer, whatever that means. They do not get paid overtime. That's always seemed sketchy to me.

Common with many employers, but not actually lawful (assuming they're not in one of the groups exempt from OT that are outlined by Employment Standards).

[KelVarnsen]

Does Ablerta have a better government?

[belsarius]

Originally Posted by KelVarnsen

Does Ablerta have a better government?

Yeah they got the UPC, but they are always at the bar, coding.

[Shazam]

Absolutely disgusting that an IT person like me is considered a professional.

[Locke]

Originally Posted by KelVarnsen

Does Ablerta have a better government?

Maybe the got the Bizarro Government....like the complete opposite?

[Finger Cookin]

Originally Posted by KelVarnsen

Does Ablerta have a better government?

Almost certainly.

[bizaro86]

Originally Posted by Locke

Maybe the got the Bizarro Government....like the complete opposite?

I would 100% be better than the government we have now.

[Locke]

Originally Posted by bizaro86

I would 100% be better than the government we have now.

A bar so low even Hermes Conrad couldn't limbo under it.