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Employment law is set per province in Canada. You should get to know your provincial laws and read your contract before you start at working to know what you're in for. Since I assume you're salaried, there's probably a paragraph in your contract about overtime being expected.
Here's some info on how overtime pay can break down: https://www.ontario.ca/document/your-guide-employment-standards-act-0/overtime-pay
American laws are VERY different from Canadian and employees there are mostly fucked. We have better rules here and you can go to a labour lawyer for some things too. This forum isn't a good resource, try the Toronto Ad Jobs FB group (assuming you're in Toronto) or even Reddit for advice.
Thank you! This is super helpful. I'll do my research and make sure to read the fine print!
Right to work laws.
Canadian law is completely different from American. Check the contract you signed when you started. You're likely salaried which means you're not paid by the hour and overtime doesn't apply. There is no salary limit to this (at least in Ontario where I live) it's simply a matter if you're salaried or hourly. Good bosses will give you a lieu day or two for working overtime (and you can /should ask for one) but there's no legal obligation.
Rising Star
It is legal. Some countries have work “maximums”, meaning you can’t go above X hours (I think it’s 90 in Japan? Someone please keep me honest), without the company facing consequences. The US is about what the market can bear. If the labor market tolerates (ie: doesn’t quit) with those work conditions, it’ll continue. There are a lot of unsafe biz practices and loopholes in the US. Long hours in advertising is just one little nugget.
Didn't mean to conflate the laws. Just saying the tendency to ignore the law which seems present in american agencies is also happening here in canada
I see some people saying it’s legal, but not. Some countries don’t pay overtime if you make more than X but there’s a healthy limit of working hours (usually 2h extra). In Europe and South America companies needs to pay overtime to whoever is not manager with employer powers over employees, so after 8hours you SHOULD get paid and don’t go over 2 extra hours.
What you can do to fight against it. From an anonymous email source starts to email you HR, head of department, with other agencies in copy from same group but different countries, with pro labor rights in copy, newspapers. .. everybody that could make them feel ashamed and worried about the repercussions. Add some cases of people that died overworked in advertising like Li Yuan from Ogilvy China, that girl from McCann india that died last year or Matsuri Takahashi who died at Dentsu Japan, what also put light on how Dentsu was operating and generated a big fine for them. The shit needs to get big so people starts to change things.
I can't remember when but somehow creatives got lumped in with the Professional exemption. IBM used to pay coders by the hour, but got the Federal government to exempt them in the 90s.
Are you putting all of the hours you work past 40 on your timesheet? If so, it will be easier to make the case for back pay if you determine your company is shortchanging you. If they are, and you get ridiculous pushback, get your $$$ then find a more honest shop. Good luck.
Thank you. I am brutally honest with my time sheets and no one has noticed (or cared). Think its time to start the search 👀