Overtime pay is an essential aspect of labor regulations, ensuring fair compensation for employees working beyond regular hours. In New Brunswick, these rules differ slightly from other regions, tailored to the province's specific legal framework. Here’s what employers and employees in New Brunswick need to know about overtime pay:
When does overtime pay apply?​
In New Brunswick, overtime pay is required after an employee has worked more than 44 hours in a week. Unlike some provinces that have daily thresholds for overtime, New Brunswick only sets a weekly threshold. This means that no matter how many hours are worked in a single day, overtime pay is not required unless the total for the week exceeds 44 hours.
How is overtime calculated?​
Overtime pay in New Brunswick is calculated at a rate of 1.5 times the employee's regular hourly wage. However, this calculation is based solely on the minimum wage, rather than the employee's actual wage. For example, if the minimum wage is $11.75 per hour, the overtime rate would be $17.63 per hour. Employees earning more than this rate are not eligible for overtime.
Exceptions and special rules​
Several professions have different rules for overtime or are exempt from it altogether, such as certain government and construction workers, as well as camp counselors and program staff. It’s crucial for employers to be aware of these exceptions to ensure compliance with provincial laws.
What about banking overtime hours?​
Unlike some provinces that allow employees to bank overtime hours for later use as paid time off, New Brunswick does not permit this practice. All overtime hours worked must be paid in the corresponding pay period.
Compliance and penalties​
Employers in New Brunswick must strictly adhere to these overtime regulations. Non-compliance can result in penalties, including fines and orders for retroactive payments. Employers are advised to keep accurate records of hours worked and ensure their payroll systems are set up to correctly calculate overtime.
For detailed guidance and updates on overtime regulations, employers and employees can consult the New Brunswick government’s employment standards or seek legal advice to ensure full compliance with the law.
Feuille de temps​
We have developed Feuille de temps to help you avoid complex calculations and errors. Feuille de temps automatically calculates the overtime premium for New Brunswick and the rest of the country.
Frequently asked questions
After how many hours is overtime paid in New Brunswick?
After 44 hours worked in a week. New Brunswick does not set a daily threshold, only a weekly one.
Is the overtime rate based on the employee's actual wage in New Brunswick?
No. It is calculated from the minimum wage at a rate of 1.5 times, not from the employee's actual wage.
Can employees bank overtime hours in New Brunswick?
No. Unlike some provinces, New Brunswick does not allow overtime hours to be banked as time off; they must be paid in the corresponding pay period.
Is everyone entitled to overtime pay in New Brunswick?
No. Several professions have different rules or are exempt altogether, such as certain government and construction workers, as well as camp counselors and program staff.
What happens to an employer who does not follow the overtime rules in New Brunswick?
They can face penalties, including fines and orders for retroactive payment of unpaid overtime.