Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS ACT - PART 1 - INTRODUCTORY PROVISIONS
ESA Section 1 – Definitions – Overtime Wages
This section contains definitions for terms used throughout the Employment Standards Act and its Regulation.
"overtime wages" means the wages an employee is entitled to receive under subsection 37 (4), (5) or (6) or 40;
Section 40 of the Act sets out the rates of pay that an employer must pay to an employee who works more than 8 hours in any day or more than 40 hours in a week.
Section 37 of the Act allows an employer and an employee to make a written agreement to average hours of work over a period of 1 to 4 weeks. The overtime wages an employee is entitled to are specified by this section.
In accordance with the definition of “week” in this section, for overtime purposes, a week is a 7 consecutive day period beginning on Sunday at 12:01 am and ending at midnight on Saturday.
Refer to Part 7 in the Employment Standards Regulation for exclusions to the overtime wage provisions in the Act.
Related sections of the Act or Regulation
- s.1, Definition “day”
- s.1, Definition “regular wage”
- s.1, Definition “week”
- s.3, Scope of the Act
- s.35, Maximum hours of work before overtime applies
- s.37, Agreements to average hours of work
- s.40, Overtime wages for employees not working under an averaging agreement
- s.42, Banking of overtime wages