Eligibility for overtime (OT) pay for an employee, whether part of a US-based company but working in Canada or otherwise, is generally determined by the labor laws prevalent in the country and region where the work is being performed, rather than the nationality of the company or team. In Canada, labor laws vary by province or territory, but generally, employees who work more than a standard number of hours in a week are entitled to overtime pay.
For example, in Ontario, employees are typically entitled to overtime pay at a rate of 1.5 times the regular pay for hours worked beyond 44 in a week. Similar rules with slight variations apply across other provinces. However, certain positions, such as managerial roles or those governed by specific collective bargaining agreements, might be exempt from OT requirements.
Should the US tax team be under a specific employment contract or agreement that explicitly states terms for overtime, or if they fall under any special exemptions set by the applicable provincial or federal regulations, this may affect their entitlement.
It is advisable for team members or the management to review local labor laws and their employment agreements, or consult with a legal professional in Canada to determine exact eligibility for overtime pay.
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