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Find a Lawyer » Canada Legal Guides » New Brunswick Legal Guides » Work & Employment Rights New Brunswick » Unpaid Wages & Overtime New Brunswick
🎉In New Brunswick, eligible employees are entitled to receive their regular day’s pay for the 8 paid public holidays. If you are required to work on a statutory holiday, your…
💼In New Brunswick, unpaid commissions and bonuses that were fully earned before your termination are legally considered ‘wages’ under the Employment Standards Act. If an employer withholds these funds, you…
💡If you file a formal complaint with the Employment Standards Branch in New Brunswick, a standard unpaid wage investigation usually takes between 2 to 6 months to resolve. If the…
💸In New Brunswick, overtime rules are unique. You are entitled to overtime only after working 44 hours in a week, and the mandated rate is 1.5 times the provincial minimum…
⏳In New Brunswick, you have a strict 12-month limit to file an unpaid wage or overtime complaint with the Employment Standards Branch. If you wait longer than one year from…
💰Filing an unpaid wage or overtime claim with the New Brunswick Employment Standards Branch is completely free ($0). You do not need to hire a law firm to recover your…
💡When you resign from your job in New Brunswick, your employer is legally required to pay out all your unused vacation pay on your final paycheque. You are entitled to…
💡In New Brunswick, any training that your employer makes mandatory is legally considered “work.” Under the Employment Standards Act, you must be paid for all mandatory training hours, orientation sessions,…
🚨Under the New Brunswick Employment Standards Act, it is strictly illegal for an employer to deduct money from your pay cheque for broken equipment, cash register shortages, or “dine-and-dash” customers.…
💡If your former employer ignores a formal Order to Pay from the New Brunswick Director of Employment Standards, the provincial government will take action to enforce it on your behalf.…
💡While the New Brunswick Employment Standards Branch is excellent for straightforward missing paycheques, claims for significant unpaid wages-such as massive executive bonuses, equity payouts, or complex commissions-often require filing a…
💼In New Brunswick, merely having the job title of “manager” or receiving a fixed salary does not automatically exempt you from overtime pay. To be legally exempt, your primary duties…
💡In New Brunswick, if your employer calls you into work outside of your scheduled hours, or sends you home early because it is not busy, the Employment Standards Act guarantees…
💰If your New Brunswick employer officially declares bankruptcy, the provincial Employment Standards Branch can no longer collect your unpaid wages. Instead, you must immediately apply to the federal Wage Earner…
🕐In New Brunswick, calculating your overtime threshold is strictly based on a weekly schedule. You are legally entitled to overtime pay only after working more than 44 hours in a…
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🏢 Est: 1978
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🏢 Est: 1859
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Welcome to the New Brunswick Unpaid Wages & Overtime guide centre. Here you will find comprehensive resources covering everything from calculating minimum wage to recovering lost overtime pay, based on current provincial regulations.
Being fairly compensated for the hours you work is a fundamental right governed by the New Brunswick Employment Standards Act. This legislation sets out strict rules for minimum wage, overtime pay, and how quickly employees must receive their final paycheque after a job ends. When employers fail to honour these financial obligations, it can create immense stress for workers trying to support their families.
Disputes over unpaid wages can arise from simple administrative errors or intentional wage theft, such as unauthorized deductions or misclassifying employees as independent contractors. Understanding exactly what compensation you are legally owed—including statutory holiday pay and vacation pay—is the first step in holding an employer accountable and recovering your hard-earned money.
In New Brunswick, the first point of contact for resolving wage disputes is typically the Employment Standards Branch. This provincial agency has the authority to investigate complaints, audit employer payroll records, and issue formal orders to pay back unpaid wages. Most minor wage claims are successfully resolved through this administrative process without ever seeing a courtroom.
However, if the amount of unpaid wages is substantial, or if the claim involves complex breaches of a senior executive employment contract, the matter may need to be escalated to the Court of King’s Bench of New Brunswick. Navigating this higher court requires adhering to strict civil litigation procedures, making it a much more formal and legally demanding environment than a standard provincial board hearing.
Filing a wage claim or suing an employer for unpaid overtime involves strict deadlines and specific evidence requirements. We strongly advise against trying to interpret complex employment laws or representing yourself in a formal court hearing. Misunderstanding the provincial statutes or failing to present your payroll evidence correctly can result in your claim being dismissed, leaving you without the compensation you rightly earned.
Retaining a qualified employment lawyer ensures that your rights are fully protected and that every dollar owed to you is accurately calculated. A legal professional can help negotiate a settlement, file a complaint with the Employment Standards Branch, or advocate for you in the Court of King’s Bench. You can find a list of relevant local lawyers and government agencies at the top of this page.
In New Brunswick, overtime pay is calculated based on the provincial minimum wage, not your regular hourly rate. Under the Employment Standards Act, employees are entitled to one and one-half times the minimum wage for every hour worked in excess of 44 hours per week, unless a specific exemption applies to their profession or industry.
No. An employer cannot legally deduct money from your wages for cash shortages, broken equipment, or property damage, even if you were at fault. Deductions are only permitted if they are required by law, such as income tax or Employment Insurance, or if you have given clear, written consent for a specific benefit like a pension plan.
You must act quickly. In New Brunswick, you generally have six months from the date the unpaid wages were originally due to file a formal complaint with the Employment Standards Branch. If you wait beyond this strict limitation period, you may lose your right to recover the money through the provincial administrative process.
Whether you resign, are terminated with cause, or are laid off, you are legally entitled to receive all accumulated and unpaid vacation pay. Your employer must include this amount in your final paycheque, which generally must be issued no later than the next regular payday after your employment ends.
Yes. If your employer requires you to attend a training session, a staff meeting, or any other work-related event, those hours are legally considered working time. You must be paid your regular wage for this time, and it must be counted toward your total weekly hours when calculating potential overtime.
Being on a salary does not automatically exempt you from receiving overtime pay. Unless you work in a specifically exempt profession or hold a true managerial position with hiring and firing authority, you are still protected by the 44-hour weekly threshold. If you work more than 44 hours, you may still be entitled to the minimum overtime rate for those extra hours.
