The ins and outs of overtime

Dear Working Wise: I work as many as 10.5 hours a day as a delivery driver/shop helper.

Dear Working Wise: I work as many as 10.5 hours a day as a delivery driver/shop helper. I make deliveries and work in the shop when there are no deliveries to be made.

According to the Alberta Employment Standards website, truck drivers do not incur overtime until they exceed 10 hours of work, but my understanding is that the 10 hour rule only applies to out-of-town deliveries.

I am curious how my overtime should be calculated. For example, if I make deliveries for three hours and then work 7.5 hours in the shop, am I entitled to overtime? — Wondering Worker

Dear Wondering: For most employees, overtime is all hours worked in excess of eight hours a day or 44 hours a week. Overtime is calculated both on a daily and weekly basis. The higher of the two numbers is overtime hours worked in the week.

Overtime must be paid at the rate of at least 1.5 times the employee’s regular wage rate. The sole exception applies where the overtime is accumulated under an overtime agreement.

Some employers and employees agree to replace overtime pay wholly or partly with time off with pay.

This is done through the use of an overtime agreement. An overtime agreement allows overtime hours to be banked and later taken off with pay, hour for hour, during regular work hours.

However, if banked time is not taken off within three months then it must be paid out at time and one half. Employers cannot create a “use it or loose it” type rule for banked overtime. Overtime can not be lost or taken away even if your overtime agreement says that it can.

The employer must keep track of the banked overtime and how long it has been in the bank. However, the employer can tell the employee when to take their banked time off.

Some types of employees are exempt from the hours of work and overtime standards. Farm workers, domestic employees, salespeople, professionals, police and managers are just a few of the classes that are exempt.

As you have alluded to, other industries, such as the trucking industry, have different overtime rules.

For a complete list of exempt occupations and industries with differing overtime rules, click on Alberta’s standards at www.employment.alberta.ca/employmentstandards.

Your situation includes a lot of variables. Whether you drive long distances (across provincial boundaries), the type of company you work for, how much of your time you spend driving and the type of truck you drive all have an impact on whether you are covered by federal laws or provincial laws, and whether you are considered to be working in the “trucking” industry, which has different overtime rules than most.

I encourage you to call the Alberta Employment Standards contact centre toll-free at 1-877-427-3731.

The advisers will be able to dig down into the details of your situation and let you know if you are considered to be working in the trucking industry or not.

Working Wise is compiled weekly by Charles Strachey, a regional manager with Alberta Employment and Immigration. Work-related questions can be sent to him at charles.strachey@gov.ab.ca. Working Wise is provided for general information only. Help with specific situations is available through Alberta Employment Standards by calling 1-877-427-3731.

Just Posted

Red Deer city council to consider starting a bike registry this spring or summer

Coun. Buck Buchanan suggested it would help police return recovered stolen property

Complaints about Michener Hill apartment revealed at Red Deer rezoning discussion

More details will be heard at a public hearing on April 15

Rimbey-area landowner believes earthquake damaged his electricity supply

Underground line was damaged at same time quake hit, says landowner

Open call for musicians to play Ross Street Patio Parties in Red Deer

The City of Red Deer is inviting musicians from various different cultural… Continue reading

Rocky Mountain House citizens recognized in awards show

Mayor’s Recognition Awards handed out in ceremony last Friday

WATCH: Celebrating francophone Canadians at the 10th annual Red Deer Winter Carnival

The event was hosted by the Red Deer region of the French-Canadian Association of Alberta Saturday

Family: Time to shed winter clothes and inhibitions

It has been a long, crazy cold winter. But, if the thermometer… Continue reading

Chelsea Carey rink registers two wins at world women’s curling event

SILKEBORG, Denmark — Canada’s Chelsea Carey rebounded nicely Sunday at the world… Continue reading

Canadian Bianca Andreescu has her first WTA title, winning BNP Paribas Open

INDIAN WELLS, Calif. — Canadian Bianca Andreescu has her first WTA title.… Continue reading

‘Captain Marvel’ soars even higher with stellar 2nd weekend

LOS ANGELES — “Captain Marvel” has continued to dominate the global box… Continue reading

Budget to focus on affordable housing changes on supply, demand, regulation

OTTAWA — The Trudeau government will take steps in Tuesday’s federal budget… Continue reading

Kenney lieutenant denies running ‘puppet’ candidate in party leadership race

EDMONTON — The staffer at the centre of a spreading scandal over… Continue reading

RCMP find ammunition, machete after searching for ATV reported stolen

FROG LAKE, Alta. — Police say they found 600 rounds of ammunition… Continue reading

Most Read