As Bow Valley businesses are ramping up for the busiest time of year, many employers are asking staff to work longer hours, pick up additional shifts, or help cover staffing shortages. While that flexibility can help meet demand, employers should be careful not to overlook their obligations regarding overtime under Alberta's employment standards legislation. Canmore-based employment lawyer Austin Ward answers some common questions about overtime during peak season.
Why does overtime become such a common issue during the summer months?
Many businesses are operating at full capacity and trying to make the most of the Bow Valley's busy season. Employees may be asked to work additional shifts, stay late, or cover for colleagues who are unavailable. The legal threshold for overtime pay in Alberta is 8 hours in a day or 44 hours in a week, whichever is greater. It's easy for overtime hours to add up quickly if employers aren't tracking them carefully.
Are salaried employees entitled to overtime?
One of the most common misconceptions is that salaried employees are automatically exempt from overtime pay. That's not necessarily true. Whether an employee is entitled to overtime depends on the nature of their role and whether they fall within a specific exemption under the legislation. Simply paying someone a salary instead of an hourly wage does not eliminate overtime obligations.
What options do employers have to manage overtime during busy periods?
Alberta's employment standards legislation provides some flexibility. Overtime agreements and averaging arrangements can allow employers and employees to structure working hours differently than the standard overtime rules. However, these arrangements must be properly implemented and documented to ensure they comply with legislation and are enforceable.
How important is tracking hours during peak season?
It's critical. Employers are under a legal obligation to track overtime, and accurate records provide protection if questions arise later. During busy periods, small discrepancies can quickly become larger issues if hours aren't being monitored accurately and consistently.
What should employers do before workloads increase?
Take time to review your overtime practices with a lawyer, ensure managers understand the rules, and confirm any averaging arrangements or overtime agreements are in place before schedules become more demanding. A little planning can help avoid costly surprises down the road and ensure employees are compensated appropriately for the work they're doing.
