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Working 40+hours a week, forced to sign waiver

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[OP]
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Sep 17, 2007
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Working 40+hours a week, forced to sign waiver

I’m working for a company and was forced to sign a paper agreeing that the style of work done there requires 40+ hours a week sometimes and that they don’t pay overtime when that occurs due to the pay period lasting 2 weeks. The company is very careful not to give you 80+ hours for the 2 week period because that means you get overtime then.

Is this actually legal? Is that paper I was forced to sign even legally binding? Would it hold up against any labor law?
13 replies
Sr. Member
Jul 31, 2017
901 posts
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You might want to give more details, and maybe post a copy of it but it sounds like bullshit that would never stand up.

Call the employment law radio show (Sundays?) and ask them.
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Jan 16, 2011
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What do you mean you were forced? Like sign or your fired?
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Jul 12, 2008
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ph00p wrote: I’m working for a company and was forced to sign a paper agreeing that the style of work done there requires 40+ hours a week sometimes and that they don’t pay overtime when that occurs due to the pay period lasting 2 weeks. The company is very careful not to give you 80+ hours for the 2 week period because that means you get overtime then.

Is this actually legal? Is that paper I was forced to sign even legally binding? Would it hold up against any labor law?
More details would help but in Ontario I have seen employers use 2 weeks to determine overtime not 1 week which I believe the ESA also allows.

If you belong to a union or are from an agency, they might have their own collective agreement or general agreement that clarifies how this would work.
Deal Fanatic
Mar 21, 2010
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badmus wrote: More details would help but in Ontario I have seen employers use 2 weeks to determine overtime not 1 week which I believe the ESA also allows.

If you belong to a union or are from an agency, they might have their own collective agreement or general agreement that clarifies how this would work.
https://www.ontario.ca/document/your-gu ... #section-4

An employer and an employee can agree in electronically or in writing to average the employee’s hours of work over a specified period of two or more weeks, up to a maximum of four weeks, for the purposes of calculating overtime pay. Under such an agreement, an employee would only qualify for overtime pay if the average hours worked per week during the averaging period exceeds 44 hours.

For example, if the agreed period for averaging an employee’s hours of work is four weeks, the employee is entitled to overtime only after working 176 hours during the four work weeks (44 hours × 4 weeks = 176 hours). Note that averaging periods cannot overlap one another and must follow one after the other without gaps or breaks.

Example: Calculating overtime pay when hours of work are being averaged over two weeks
Myron and his employer agree in writing to average his hours for overtime purposes over a period of two weeks. Myron works 54 hours the first week and 36 hours the second week. He earns $17.00 an hour and his overtime rate is $25.50 per hour (1½ × $17.00).

Myron’s overtime entitlement is calculated as follows:

The total number of hours worked in the averaging period are added together and then divided by the number of weeks in the averaging period to get the average number of hours worked in each week of the averaging period.
54 + 36 = 90 hours
90 hours ÷ 2 weeks = 45 hours per week
The average number of hours worked per week minus 44 hours equals the average number of overtime hours in each week of the averaging period.
45 hours per week - 44 hours per week = 1 overtime hour per week
The overtime entitlement in week one and two of the averaging period is calculated by multiplying the average overtime hours per week by his overtime rate for that week.
Week 1: 1 hour × $25.50 per hour = $25.50
Week 2: 1 hour × $25.50 per hour = $25.50
Result: Myron is entitled to $51.00 of overtime pay in addition to his regular earnings.
Deal Addict
Sep 30, 2011
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This is very typical in financial industry where long hour is usual, it is nothing but cover the employer's ass, so you can't sue them later for OT wages.
They will particularly say if you don't sign, there will be NO repercussion; because they can fire you later with some other reason or without a reason.
If you still want the job, you need to sign, or just get something else; there is no point to argue.
<signature removed>
[OP]
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Sep 17, 2007
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I'm in NL. It's a security job.
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Oct 24, 2010
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ph00p wrote: I'm in NL. It's a security job.
Check the labour standards for NL to see if this is legal.

In Ontaro it might be legal, depending on how it is worded and provided they still pay OT if you exceed 44 hours in a single week.
Deal Addict
Jul 12, 2008
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ph00p wrote: I'm in NL. It's a security job.
They should pay overtime unless you are banking the time, contact NL Employment standards for more specific questions or if you want to complain about your rights

"In Newfoundland and Labrador, standard working hours are 40 hours a week—with a workweek defined as seven continuous days. This means that if an employee works an excess of 40 hours in a week, they must be paid at the minimum overtime wage rate. However, this rule does not apply if an employee switches shifts with another employee, resulting in more than 40 hours worked."

https://www.knitpeople.com/blog/overtim ... wfoundland

"Overtime must be paid on any hours worked over forty hours per week. The minimum overtime rate is 1.5 times the minimum wage rate. Minimum wage is currently $12.50/hour which means the minimum overtime rate is $18.75/hour.

On October 1, 2021, minimum wage will increase to $12.75/hour, meaning the minimum overtime rate will increase to $19.12/hour. "

https://www.cfib-fcei.ca/en/tools-resou ... d-labrador
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Dec 27, 2009
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You haven't provided enough details to be really useful.
[OP]
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Sep 17, 2007
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badmus wrote: They should pay overtime unless you are banking the time, contact NL Employment standards for more specific questions or if you want to complain about your rights

"In Newfoundland and Labrador, standard working hours are 40 hours a week—with a workweek defined as seven continuous days. This means that if an employee works an excess of 40 hours in a week, they must be paid at the minimum overtime wage rate. However, this rule does not apply if an employee switches shifts with another employee, resulting in more than 40 hours worked."

https://www.knitpeople.com/blog/overtim ... wfoundland

"Overtime must be paid on any hours worked over forty hours per week. The minimum overtime rate is 1.5 times the minimum wage rate. Minimum wage is currently $12.50/hour which means the minimum overtime rate is $18.75/hour.

On October 1, 2021, minimum wage will increase to $12.75/hour, meaning the minimum overtime rate will increase to $19.12/hour. "

https://www.cfib-fcei.ca/en/tools-resou ... d-labrador
Thank you, after checking my paystubs they don't break down how many hours you worked per a work week, just the 2 weeks. So I guess I don't have any real way to prove this.
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Oct 16, 2008
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ph00p wrote: Thank you, after checking my paystubs they don't break down how many hours you worked per a work week, just the 2 weeks. So I guess I don't have any real way to prove this.
Sorry to say, bring this question to your local employment lawyer or just sign the waiver. Do you have a choice? Sign or quit!
...
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Nov 13, 2010
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yeah it the same in security jobs here.......employer tries every way to weasel out of paying OT
they make u work 40+ hours in one week then in next week they reduce your hours so that in 2 weeks u didnt make any overtime but worked extra.....

they take advantage of min. wage security guards......

ofcourse those human rights organizations turn a blind eye here?
But they love reporting on human rights in the muslim countries. But they won't help you here at all.
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Dec 27, 2009
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apnayloags wrote: yeah it the same in security jobs here.......employer tries every way to weasel out of paying OT
they make u work 40+ hours in one week then in next week they reduce your hours so that in 2 weeks u didnt make any overtime but worked extra.....

they take advantage of min. wage security guards......

ofcourse those human rights organizations turn a blind eye here?
But they love reporting on human rights in the muslim countries. But they won't help you here at all.
I don't see the big deal about this. In professional world (working mostly on salary without overtime pay) we call it "time in lieu". You work heavy hours one week and then you can take some time off. If you are averaging your 80 hours over a 2 week time period, but one week has 50 and the next has 30, I don't think that is a huge hardship.

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