Best Wage & Hour Lawyers in Oakville

About Wage & Hour Law in Oakville, Canada

Wage and hour rights in Oakville are primarily governed by Ontario law through the Employment Standards Act, 2000, often called the ESA. These rules set the baseline for minimum wage, hours of work, overtime, public holidays, vacation pay, leaves of absence, and rules about deductions and payroll. Most Oakville workplaces are provincially regulated under the ESA. A smaller number of employers are federally regulated under the Canada Labour Code, for example banks and airlines. The ESA sets minimum standards, and many employees have greater rights under their contract, a collective agreement, or the common law. Employers and employees in Oakville cannot contract out of ESA minimums.

Why You May Need a Lawyer

People commonly seek legal help when they are not being paid correctly, are facing schedule or overtime problems, or are unsure which rules apply to them. A lawyer can help if you are dealing with unpaid wages or overtime, misclassification as an independent contractor, confusion about whether salaried employees get overtime, vacation pay or public holiday pay disputes, illegal wage deductions, tip pooling problems, on-call and scheduling issues, leaves of absence and return-to-work rights, reprisals for asking about your rights or making a complaint, termination pay and severance pay, and whether you are covered by Ontario or federal rules. Employers often consult counsel to audit payroll practices, draft compliant policies, respond to Ministry of Labour investigations, defend or appeal orders, and design lawful compensation structures.

Local Laws Overview

Minimum wage. As of October 1, 2024, Ontario’s general minimum wage is 17.20 per hour. Special rates may apply for students under 18 who work limited hours and for homeworkers. Liquor servers are paid the general minimum wage. Special day rates apply to some hunting and fishing guides. Minimum wage rates are reviewed annually, usually effective each October 1.

Overtime pay. Most provincially regulated employees earn overtime after 44 hours in a week at 1.5 times the regular rate. Averaging agreements can change how overtime is calculated, but only if there is a valid written averaging agreement that meets ESA requirements. Many occupations have special rules or exemptions. Managers and supervisors who truly perform managerial work are often exempt from overtime.

Hours of work and rest. The daily limit is generally 8 hours per day or the number of hours in your regular work day if it is more than 8. The weekly limit is generally 48 hours. Working beyond the daily or weekly limits requires a written agreement and, for weekly hours over 48, approval from the Director of Employment Standards. Employees must receive at least 11 consecutive hours off work each day and at least 24 consecutive hours off work each week or 48 hours every two weeks.

Eating periods and breaks. Employees are entitled to a 30 minute eating period after no more than five hours of work. This can be split into two shorter breaks if both parties agree in writing. Eating periods are unpaid unless an employment contract or policy says otherwise. The ESA also requires specified rest periods between shifts in many situations.

Scheduling and reporting pay. If an employee who regularly works more than 3 hours per day is required to report to work but works fewer than 3 hours, they are generally entitled to be paid for 3 hours at their regular rate. There are limited exceptions, for example weather dependent work.

Public holidays. Ontario recognizes New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day as public holidays under the ESA. Most employees are entitled to either a paid day off or premium pay plus a substitute day, depending on whether they work the holiday and whether they qualify. The public holiday pay formula is set by regulation.

Vacation time and pay. After 12 months of employment, employees earn a minimum of 2 weeks of vacation time and at least 4 percent vacation pay. After 5 years, the minimum increases to 3 weeks and at least 6 percent vacation pay. Employers must track and pay vacation correctly and provide a statement.

Leaves of absence. The ESA provides job protected leaves such as pregnancy and parental leave, sick leave, family responsibility leave, bereavement leave, domestic or sexual violence leave, critical illness leave, family medical leave, organ donor leave, and reservist leave. Most ESA leaves are unpaid, though other programs or contracts may provide pay. Federally regulated employees have a different set of leaves under the Canada Labour Code.

Deductions from wages. Employers can only deduct amounts that are required by law such as tax, CPP, EI, or that the employee has provided informed written authorization to deduct for a specific amount, or that are ordered by a court. Employers generally cannot deduct for cash shortages, broken equipment, or dine and dash or gas and dash incidents, even if an employee agrees.

Tips and gratuities. Employers cannot take an employee’s tips or make deductions from tips, except to operate a tip pool in accordance with the ESA. In limited cases owners or managers can share in a tip pool if they regularly perform the same work as staff. Employers must keep tip records if they control or distribute tips and may have to maintain a written policy.

Record keeping and pay statements. Employers must keep employment and payroll records and must give employees a pay statement each pay period with specific information such as pay period dates, wage rate, hours, deductions, and net pay. The ESA poster must be provided to employees.

Policies for larger employers. Employers with 25 or more employees in Ontario on January 1 must have a written electronic monitoring policy by March 1 of that year and a written right to disconnect policy. These are policy requirements and do not create a new right to disconnect from work.

Termination pay and severance pay. Most employees are entitled to written notice of termination or termination pay in lieu based on their length of service, up to 8 weeks. Some employees are also entitled to ESA severance pay if they have 5 or more years of service and the employer meets size or mass termination thresholds. Common law notice can be more generous than ESA minimums.

Who is covered. Some employees have special rules or are exempt from specific ESA parts, including managers and supervisors and certain professionals or industries. Coverage under the Canada Labour Code applies to federally regulated businesses such as banks, telecommunications, interprovincial transportation, and airlines. Determining which regime applies is important because standards differ.

Enforcement and timelines. The Ministry of Labour, Immigration, Training and Skills Development enforces the ESA. Employees can file a claim for unpaid wages, overtime, vacation pay, public holiday pay, and related entitlements. There are time limits to file claims and recover wages. In many cases the window to recover unpaid wages is limited to 2 years. Employees generally must choose between an ESA claim and a civil lawsuit for the same wages.

Frequently Asked Questions

What is the minimum wage in Oakville

As of October 1, 2024, Ontario’s general minimum wage is 17.20 per hour. Special rates apply for some students and for homeworkers. Minimum wage is reviewed annually and may change on October 1 each year.

When do I get overtime pay

Under the ESA, most provincially regulated employees earn overtime after 44 hours in a work week at 1.5 times their regular rate. Averaging agreements and exemptions can change how overtime is calculated. Federally regulated employees usually earn overtime after 8 hours per day or 40 hours per week. The exact test depends on whether your employer is provincially or federally regulated and whether a special rule applies to your job.

Do salaried employees get overtime

Being paid a salary does not automatically remove your right to overtime. The key question is whether your job is exempt. Many managers and supervisors are exempt. Many non managerial salaried employees are entitled to overtime after 44 hours per week under the ESA.

What breaks and rest periods am I entitled to

Most employees must receive a 30 minute eating period after working no more than 5 hours. Employees must also receive at least 11 consecutive hours off each day and weekly rest as required. Eating periods are generally unpaid unless your contract says otherwise.

Can my employer deduct money from my pay for mistakes or shortages

Employers can only make deductions that are required by law, authorized by a court or tribunal, or clearly and specifically authorized in writing by the employee. Employers generally cannot deduct for cash shortages, broken equipment, or a customer leaving without paying.

How does public holiday pay work in Ontario

Ontario recognizes nine ESA public holidays. Most employees qualify for either a paid day off or public holiday premium pay plus a substitute day off if they work the holiday. Public holiday pay is calculated using a formula that looks at regular wages and vacation pay in the weeks before the holiday. Eligibility rules and special cases apply.

What is the three hour rule

If an employee who regularly works more than 3 hours a day is required to report to work but works fewer than 3 hours, they are generally entitled to be paid for at least 3 hours at their regular rate. There are exceptions in limited scenarios such as weather dependent work.

Do I get paid for being on call

On call time is not necessarily paid if you are not called in to work. If you are required to report to work and work fewer than 3 hours, the three hour rule may apply. Union agreements or contracts may provide better on call pay.

Am I an independent contractor or an employee

Titles are not decisive. The law looks at control, ownership of tools, chance of profit, risk of loss, and how integrated the work is into the business. Misclassification is prohibited under the ESA and the burden is on the employer to prove you are not an employee when that is disputed. If you are misclassified, you may be owed ESA entitlements such as vacation pay and overtime.

What if my employer retaliates because I asked about my rights or filed a complaint

Reprisals are illegal. Employers cannot punish or threaten you for asking about the ESA, asserting a right, contacting the Ministry of Labour, or providing information to an employment standards officer. Remedies can include reinstatement and compensation.

How long do I have to claim unpaid wages

There are strict timelines. In many cases you have up to 2 years to file an ESA claim for unpaid wages. The recovery period for wages is also limited. You typically must choose between filing an ESA claim or starting a civil lawsuit for the same unpaid amounts. Get advice early to protect your options.

Do Oakville employers need special policies about monitoring or disconnecting

Employers with 25 or more Ontario employees on January 1 must have a written policy by March 1 on electronic monitoring and a written right to disconnect policy. These are policy obligations and do not create a new standalone right to refuse work outside hours.

What happens if I am federally regulated

If you work in a federally regulated sector such as banking, airlines, telecommunications, rail, or interprovincial trucking, the Canada Labour Code applies. The rules for overtime, breaks, leaves, and holiday pay differ from the ESA. A lawyer can help you identify which regime covers you.

Additional Resources

Ontario Ministry of Labour, Immigration, Training and Skills Development Employment Standards Information Centre. Provides information, takes complaints, and enforces the ESA. Offers multilingual help.

Ontario.ca Employment Standards Act Guide. Plain language summaries of ESA rights and obligations including minimum wage, overtime, leaves, and termination.

Halton Community Legal Services. Community legal clinic serving Oakville and the wider Halton Region that may assist low income workers with employment standards issues.

Legal Aid Ontario. Information about financial eligibility and referrals for legal help in Ontario.

Law Society of Ontario Referral Service. Provides a free consultation referral to speak with a lawyer or paralegal.

Ontario Labour Relations Board. Handles appeals of some ESA orders and hears reprisal complaints under the ESA.

Ontario Human Rights Tribunal and Ontario Human Rights Commission. Information and applications regarding discrimination and harassment, including sexual harassment and equal treatment in employment.

Pay Equity Office. Information and guidance on pay equity compliance for applicable employers.

Canada Labour Program. For employees in federally regulated workplaces under the Canada Labour Code.

Service Canada and Canada Revenue Agency. Information about Records of Employment, Employment Insurance, and payroll source deductions.

Next Steps

Identify which rules apply. Confirm whether your employer is provincially or federally regulated. Most Oakville employers are provincially regulated under the ESA.

Gather documents. Collect employment agreements, pay stubs, time sheets, schedules, emails or messages about hours, overtime, vacation, tips, deductions, and any policies related to breaks or monitoring. Keep your own log of hours worked, including start and stop times and breaks.

Assess the issues. Note the type of problem such as minimum wage, overtime, unpaid vacation or public holiday pay, illegal deductions, misclassification, or reprisal. Write a simple timeline of events and amounts you believe are owed.

Speak up internally if safe. Consider raising the issue with your employer in writing. Be factual and polite. Keep copies. If you fear reprisal or have already experienced it, seek advice before contacting your employer.

Get advice early. Call the Employment Standards Information Centre for guidance on your ESA rights and how to file a claim. If you are low income, contact Halton Community Legal Services. Consider using the Law Society referral service to consult an employment lawyer. Early advice helps you avoid missed deadlines or strategic missteps such as signing a release that waives claims.

Choose a path to recover wages. You usually must pick between an ESA claim or a court action for the same unpaid wages. An ESA claim is designed to be accessible without a lawyer, but legal advice can improve outcomes. Court actions can sometimes recover more than ESA minimums but involve costs and procedure.

For employers in Oakville. Audit your timekeeping and payroll practices, confirm employee classification, update policies on electronic monitoring and right to disconnect if you have 25 or more Ontario employees, ensure tip policies comply, post and distribute the ESA poster, and train managers on scheduling, rest, and overtime rules. Seek legal advice before implementing averaging agreements or agreements to exceed hours of work limits.

Mind the deadlines. The ESA has limitation periods for filing and recovery. If you receive an order from an employment standards officer, there are short deadlines to request a review or appeal. Do not delay in seeking help.

If you are unsure at any step, consult a qualified employment lawyer familiar with Ontario wage and hour law. A short consultation can clarify your rights, the best forum for your issue, and the likely value of your claim.