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 single week. The mandatory rate is 1.5 times the provincial minimum wage (not your regular wage), which equates to $23.85 per hour in 2026.
When you are logging long shifts in a busy Moncton warehouse or pulling late nights at a Fredericton office, keeping track of your hours is critical. Many employees mistakenly believe that working a 12-hour shift automatically entitles them to premium pay. However, New Brunswick employment laws differ significantly from other provinces, as they do not recognize daily overtime.
Instead, the provincial Employment Standards Act uses a strict 44-hour weekly threshold. 🔍 If your employer is deliberately manipulating your schedule to keep you just under that limit, or failing to pay the legal premium when you cross it, they are committing wage theft. In this guide, we will show you exactly how government inspectors calculate your work week so you can spot violations and protect your pay cheque.
Step-by-Step Process in New Brunswick
To accurately calculate what you are owed, you need to look at your timesheets through the same lens as a provincial investigator. Here is the step-by-step method to audit your own hours.
Step 1: Identify Your Official Work Week
First, you must establish when your company’s work week begins and ends. 📅 A “week” for payroll purposes is a recurring period of seven consecutive days. It does not have to be Monday to Sunday; it could be Wednesday to Tuesday. Look at your pay stub or ask human resources to confirm the exact 7-day window. You can only count hours accumulated within this specific block.
Step 2: Count Only “Hours Worked”
This is a common point of confusion that causes workers to miscalculate their threshold. Overtime is based strictly on physical hours worked. If you take a paid sick day, use a vacation day, or receive statutory holiday pay, those hours do not count toward your 44-hour threshold. For example, if you took a paid Monday off (8 hours) and worked 40 hours the rest of the week, your total for overtime purposes is only 40 hours, not 48.
Step 3: Apply the 44-Hour Threshold
Once you add up all the physical hours worked in that 7-day period, subtract 44. 📈 If the number is zero or negative, you have not earned statutory overtime. If the number is positive, those remaining hours must be paid at the provincial overtime rate. If you worked 50 hours in Saint John, you are legally owed 6 hours of overtime pay.
Step 4: Check for Illegal “Averaging”
Some employers try to average your hours over two weeks to avoid paying premiums. For instance, they might schedule you for 50 hours one week and 30 hours the next, and claim you “averaged” 40 hours. In New Brunswick, this is generally illegal without a special permit. Overtime must be calculated and paid out on a strict week-by-week basis.
Step 5: File an Employment Standards Claim
If your calculations show that your employer owes you money, you should approach them with your timesheets. ⚔ If they refuse to pay the $23.85 minimum premium for those extra hours, you can file a free wage recovery claim with the New Brunswick Employment Standards Branch to force an official audit.
How Much Does it Cost in New Brunswick?
Ensuring your pay cheque is accurate should never cost you money out of pocket. 💵 Here is a look at the costs associated with recovering your overtime wages.
| Type of Action | Estimated Cost (CAD) | Details |
|---|---|---|
| Filing an ESB Complaint | $0 (Free) | The New Brunswick government investigates and enforces unpaid overtime claims for free. |
| Employment Lawyer Review | $150 – $350 | A one-hour consultation if you are an executive or have a complex contractual dispute. |
| Printing Records | $5 – $15 | Printing out your digital timesheets and pay stubs to submit as evidence to the investigator. |
Keep in mind that you cannot contract out of minimum standards. Even if you signed a document agreeing to “straight time” for all hours, the province will void that clause and enforce the 44-hour overtime rule.
How Long Does the Process Take?
If you have to file a complaint, time is of the essence. ⏳ You have a strict 12-month limit to file a claim with the Employment Standards Branch for unpaid overtime. Once your complaint is officially submitted, an investigator will typically contact your employer within 2 to 4 weeks. If the employer complies with the audit, you can usually receive your stolen wages within 1 to 3 months.
Frequently Asked Questions (FAQ)
Is the overtime rate 1.5 times my regular wage?
Not automatically. By default, New Brunswick law only requires the overtime rate to be 1.5 times the provincial minimum wage. If your regular hourly wage is already higher than this minimum overtime rate, your employer only has to pay you your regular straight-time wage, unless your specific employment contract guarantees “time-and-a-half.”
Do unpaid lunch breaks count toward the 44 hours?
No. Unpaid meal breaks do not count as hours worked. If you are at the workplace for 9 hours but take a 1-hour unpaid lunch, you have only accumulated 8 hours toward your weekly 44-hour threshold.
Can my boss give me time off instead of overtime pay?
No. In New Brunswick, the banking of hours or giving “time off in lieu” of overtime pay is not permitted under standard employment rules. All overtime hours must be paid out financially on the pay cheque corresponding to the week they were worked.
Are salaried employees eligible for the 44-hour rule?
Yes! Simply being paid a fixed salary does not exempt you from overtime. Unless you are a true manager with hiring and firing power, your salary is meant to cover your first 44 hours. Any hours worked beyond that must be paid out at the overtime rate.
What happens if I work on a statutory holiday?
Statutory holiday pay is separate from regular overtime. If you work on a holiday, you receive 1.5 times your regular wage for those hours, plus your standard day’s pay. However, because these hours are already paid at a premium, they generally do not count again toward your standard 44-hour weekly overtime calculation.
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