# are stucco workers entitled to overtime pay in sask?



## mayolady (Oct 24, 2012)

Just wondering can anybody give me some solid information on a question regarding overtime pay for stucco workers in saskatchewan. We have come to SK on a LMO for 2 yr, have obtained work permits for that time and was given an hourly basic wage of $22can, in the LMO document it states our hours of work would be 7:30 to 4:30 mon to fri and any hours worked outside of that would be paid overtime which would be one and half times our basic hourly rate. When we asked our employers about our overtime we were informed that stucco work here in Saskatchewan is classed as seasonal work and that we would be just paid for all our hours worked but at the basic rate of $22can. 
I am not sure is this for real or are we being mislead by our employers, in general we find them very nice and fair , it is other people (locals) telling us this is against canadian labour laws!! Now we are here with our families and we dont want to rock the boat before we gain our PR (which we are not entitled to apply for yet) but at the same time we dont want to be taken for fools and we are working long hours (which we are happy to do) but we want to be paid for them if thats what we are entitled to. Can anybody please clarify this for us and put our minds at rest?


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## Wexford_Ireland (Mar 6, 2012)

No idea but here is some info. From reading it I'd say you are entitled to overtime.

If in doubt ring the labour standards number below and ask them.

Labour laws in Saskatchewan - Labour Standards - Labour Relations and Workplace Safety - Government of Saskatchewan

Sk related laws - Work Rights - Weekly Hours & Overtime - Saskatchewan



> *Are any workers excluded from hours of work and overtime?*
> 
> Yes. Farmworkers, ranchworkers or workers in market gardening are excluded from all provisions of the employment standards laws. So are those working in family-run businesses that only employee family members, and sitters–people who provide in-home care or supervision for those who can't live independently, such as children, and disabled or elderly people.
> 
> ...



These exclusion rules vary from province to province, for example IT staff must be paid overtime in SK unless they are management level, but in Ontario they are exempt.

John


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## Wexford_Ireland (Mar 6, 2012)

http://www.lrws.gov.sk.ca/rights-responsibilities

Page 8



> Do all employees get overtime?
> Overtime provisions do not apply to:
> • managerial or professional employees;
> • employees working for mineral exploration operations north of Township 62;
> ...


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## Wexford_Ireland (Mar 6, 2012)

I like this one, very useful for anyone in the hotel/restaurant game



> Employees who work more than eight hours
> in a 24-hour period are entitled to overtime pay.
> 
> Example:
> ...


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## mikejb (Mar 12, 2012)

I may be talking out of turn here but if so I am sure others with more experience will correct what I am about to say

In the case of Labour Market opinions (L.M.O.) and the subsequent issue of work visa's, it is very definitely the case within British Columbia, the application of LMO's (by the employer) have first to be approved by Services Canada. This approval is not simply the case of application followed by the immediate issuing of said LMO. Indeed, Service Canada when in deciding to issue the approval place certain stipulations on the employer.... In your case, (again remember I am talking particularly from the view of B.C.) Whatever the LMO stipulates MUST be applied by the employer, in your case that excess hours require overtime payment.

I appreciate your views of not wishing to rock the boat but these rules and restrictions are put in place by Service Canada to protect both the foreign workers AND the local Canadian labour market. Hence, if your employer is NOT applying the agreed LMO rules then they are breaching the contract between themselves and Services Canada who have the power to refuse all further LMO applications for a given length of time which could be extremely damaging for said company, especially if their work relies on imported personnel.

As I say, these rules definitely apply in BC and with Services Canada being Canada wide I see no reason why they would not apply in SK

Mike


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## mayolady (Oct 24, 2012)

Thanks Guys for the info you have posted for us, I have looked at the links and info provided and think I am best to ring the phone no provided as Im still not sure, maybe we are classed under a constructino worker so somehow exempt from the overtime rules or the employers did mentioned about paying the hours owed when we cant work (as in extreme weather conditions ) but so far we have been paid basic rate for every hour worked none held over to account for this and we have been left at home some days in January due to weather condiotions and jbs not being ready for us but we were out of pocket for this and received no pay! So I think best thing is to ring. I have seen a company from saskatoon hiring and they are sdvertising overtime wages, so that makes me wonder! And also I do think myslef like Mike said surely what is printed in a LMO should be the basic standards of the position we were employed for.


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## mikejb (Mar 12, 2012)

mayolady

For me, personally, I would give Service Canada a call to veryfy your position. 
I have included a link which to my mind answers your question quite clearly but a phone call will put your mind at ease. I hope the link helps

Temporary Foreign Worker Program

Mike


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## paddygirl (Feb 20, 2013)

*Ask*

Don't you think you should talk to the employer first before you open a can of worms. Maybe you misunderstood something with regards to the LMO. Also, if you are wrong, don't you think you may lose your job and have to return to Ireland? Its better to talk things out first. 


mayolady said:


> Thanks Guys for the info you have posted for us, I have looked at the links and info provided and think I am best to ring the phone no provided as Im still not sure, maybe we are classed under a constructino worker so somehow exempt from the overtime rules or the employers did mentioned about paying the hours owed when we cant work (as in extreme weather conditions ) but so far we have been paid basic rate for every hour worked none held over to account for this and we have been left at home some days in January due to weather condiotions and jbs not being ready for us but we were out of pocket for this and received no pay! So I think best thing is to ring. I have seen a company from saskatoon hiring and they are sdvertising overtime wages, so that makes me wonder! And also I do think myslef like Mike said surely what is printed in a LMO should be the basic standards of the position we were employed for.


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## Liam(at)Large (Sep 2, 2012)

I fail to see how calling Labour Standards or ServiceCanada would open a can of worms... There's no need to give them any details if you are simply making an inquiry call...


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## mikejb (Mar 12, 2012)

I couldn't agree more with Liam(at)Large's evaluation.

If as you say your LMO details specify hours of work and overtime or even if they do not a simple call made by way of a general enquiry will clear the issue up once and for all without your employer being any the wiser. Doing this is, in my opinion, the most efficient and quickest way to confirm your position


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