I work at a place that doesn't pay overtime. Its illegal and people usually lawyer up and get what they're owed after quiting but they get away with a lot. But the other day one of our most senior drivers got fed up and went in and demanded it and started telling all the other drivers.
So now the company is talking about going back 2 years and paying us for what we didn't get. The issue is there is a lot of confusion on when overtime kicks in.
I am a local city driver who ocasionally does regional runs. Most of the time I'm not more than 50km away from our yard.
Hours of work - Motor transport - Canada.ca
At the bottom of this link on the canada.ca website it says 45 hours for city motor operators....
https://www.ontario.ca/document/industries-and-jobs-exemptions-or-special-rules/transportation
Yet here it says local drivers & helpers don't get it until 50 hours in Ontario
https://www.cbc.ca/news/canada/kitchener-waterloo/kitchener-driver-overtime-pay-1.5295025
And here there's an article about a driver who didn't get paid overtime at Loblaws and 8it states:
"Last year, an arbitrator found Loblaws violated Ontario's Employment Standards Act for not paying drivers overtime after the required 44 hours a week."
Extremely difficult to find an answer on this was hoping we have some Ontario drivers here who can clarify.
Overtime for local Ontario truck drivers? A lot of confusion
Discussion in 'Canadian Truckers Forum' started by Rayzala, Sep 24, 2020.
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Are you driving under a federal or provincial CVOR? That determines whether you're regulated by the federal or provincial labour regulations. After that, it's easy(ier).
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What did company tell you when you hired on? Local drivers( hourly) get overtime after 45 hours,,now this was 1978 in Ontario and still as far as I know...Used to work 4 8s' and a 9 on Friday,,company always tried to avoid OT
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My CVOR paperwork has in Ontario logo on top of it
So I'm guessing provincial? -
Rayzala Thanks this.
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I've looked through all my paperwork in the truck and can't find anything specifying that it's federal or provincial. However I did find a link with a list of federally regulated companies (although from 2017) and my company was on it. -
So I assume this now means I should be getting OT after 44hrs. I've been working 11, 12 hour days on average for the last year and a half ive been with the company so I got some calculations to do. -
Dirt merchants can get away without paying OT because its considered seasonal even though they could work you 365 days a year.
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I confirmed that this is a federally regulated company. My title in the system is 'Local & Regional AZ Driver' (although it was 'Local AZ Driver until 4 months ago when I started doing regional runs once a week).
So shouldn't I be getting overtime after 45 hours?
Then again in that first link I provided (Hours of work - Motor transport - Canada.ca) it defines a 'city driver' as:
City motor vehicle operator
Means a motor vehicle operator who operates only within a 16 km radius of his or her home terminal and is not a bus operator.
So if I am driving outside a 16km radius in the city doing 10-15 pick ups and deliveries a day, sometimes not even going on a highway at all, would I still be considered highway driver by that description? -
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