Home Page Forums Membership Inquiries WMCO Membership Inquiry – Overtime for Sales Staff Reply To: WMCO Membership Inquiry – Overtime for Sales Staff

Michelle Holden

I could provide a check off on the specific situation in this survey but the situation it not black and white. HR matters like these if not handled properly can cause misunderstanding and potential legal issues if a dismissal or dispute occurs. When it comes to this question, I highly recommend the company that is asking the question, speak to a professional labour lawyer for advice. Many companies do not handle this area very well with salaried staff.

To avoid any misunderstandings during or after employment ends between the company and the Sales/Design Staff, an employment agreement is recommended. This would be signed voluntarily and agreed to by both the company and employee (the wording of the agreement should suggest the employee seek legal advice before signing or waive it). The agreement still needs to meet or exceed the Ontario Employment Standards Act.

The company is not obligated to pay professionals such as Sales Management or Designers overtime. If the written formal agreement is stated with the following key points:
Sales/Designer Employee hours of employment are paid a salary based upon normal hours of work that are 8:30am to 5:00pm or 40 hours per week.
Overtime is not paid, unless approved by management.
The employee may need to change works hours to accommodate meeting with clients or meeting project deadlines.

At most companies, they do not pay overtime to salaried staff but may allow some flex time, with approval from the Supervisor.