Three hours pay rules.

Currently the “three-hour rule” under Ontario’s Employment Standards Act applies to most cases. This is how it works: If an employee (who regularly works more than three hours a day) is required to present themselves for work, but ends up working less than three hours, despite being available to work longer, then the employer is required to pay wages to the employee for three hours of work, regardless. (In most cases the three hours is
calculated using the regular rate of pay.) There are a few exceptions of course, especially given the weather we
have sometimes! 

The three-hour rule does not apply if the employer is unable to provide work for the employee because of fire, lightning, power failure, storms or similar causes beyond the employer’s control that result in the stopping of work.

Serious situations, without a doubt.

The current rule also does not apply to:
  • employees whose regular shift is three hours or less; or
  • students who work:
  • at a children’s camp
  • providing instruction to or supervising children
  • in a recreational programrun by a charity

If have a question about the three-hour rule or you would like to discuss a labour, employment or human rights issue that you or your organization is facing, feel free to contact me by email or phone for a quick consultation.
Wesley Jamieson
Wesley Jamieson
P: 905.572.5806