Employment Law

Averaging Overtime: How Averaging Agreements Work

An averaging agreement changes when overtime starts. Before you sign one, here is what it means for your pay.

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Under Ontario's Employment Standards Act, most employees earn overtime after 44 hours in a work week. An averaging agreement lets an employer average your hours over a longer period.

The short answer

With a written averaging agreement, hours are averaged over a period of up to four weeks, and overtime is owed only for hours above an average of 44 a week. The agreement must have an end date, at most two years.

How it works

  • Your hours over the averaging period (for example, two weeks) are added up.
  • Overtime is owed for hours over 44 × the number of weeks.
  • Example: in a two-week period, overtime starts after 88 hours, even if one week was 50 hours.

The rules

  • The agreement must be in writing (an electronic agreement can count).
  • The averaging period can't be longer than four weeks.
  • It must have an expiry date, no more than two years after it starts.
  • Unionized workplaces follow the collective agreement.

Before you sign

  • Ask how your schedule will look across the period.
  • Check whether your pay drops compared with weekly overtime.
  • Keep a copy of the agreement.

If something is wrong

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You can file an employment standards claim for unpaid overtime, usually within two years.

Talk to NEO

Questions about your rights at work? NEO can review your situation, including unpaid wages, Ministry of Labour claims and Small Claims Court. Call 647-200-3526 or toll-free 888-519-2435, email info@neolegalservices.com, or book a free consultation.

Sources

Read next: Quitting Your Job: How Much Notice Do You Have to Give?

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.

Photos from Unsplash: a large building with columns and a clock on the front of it · a row of books on a shelf in a library.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.

Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.

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Law Society of Ontario — Barreau de l'Ontario
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