Jasmin didn’t mind working hard, especially during the busy season. But after months of putting in long hours without seeing any overtime pay, she started asking questions. What she discovered led her to take action.

What Jasmin was Facing

Name: Jasmin
Age: 33
Gender: Female
Location: Toronto, Ontario
Occupation: Retail Associate
Legal Challenge: Worked over 44 hours per week without receiving proper overtime pay in a non-unionized workplace.

Jasmin had been working as a retail associate at a large department store in Toronto for two years. She was reliable and hardworking and often worked extra hours—especially during busy seasons—to help keep the store running smoothly.

But no matter how many extra hours she worked, her paycheques stayed the same.

When Jasmin asked her manager about the missing overtime pay, she was told it didn’t apply to her because she was “salaried” and that the company had an internal policy against paying overtime. It didn’t seem right, but Jasmin wasn’t sure where to turn.

Understanding Overtime Pay Rights

When Jasmin reached out to us, we reviewed her situation carefully. We explained that under Ontario’s Employment Standards Act (ESA), most employees are entitled to overtime pay at 1.5 times their regular rate for any hours worked over 44 in a week, regardless of whether they’re salaried or paid hourly.

Only certain roles are exempt from overtime pay, and based on Jasmin’s responsibilities, she didn’t fall into one of those categories. Her employer’s internal policy didn’t override the law.

Building the Case 

We worked with Jasmin to gather key documents—her work schedules, pay stubs, and email records that showed how often she worked overtime. The evidence demonstrated a pattern of excessive hours without appropriate compensation.

With this information, we sent a demand letter to her employer outlining their legal obligations and requesting payment of her unpaid overtime wages.

At first, the employer pushed back, insisting her salary covered all hours worked. But we pointed to the ESA and relevant case law confirming that Jasmin was legally entitled to overtime pay.

A Fair Resolution

After several rounds of negotiation, the company agreed to settle. Jasmin received back pay for her unpaid overtime and confirmation that the company would review its internal policies to comply with the law going forward.

Knowing Your Worth

For Jasmin, this was about more than money—it was about standing up for her rights and making sure her efforts were acknowledged.

You’re not alone if you’ve worked more than 44 hours a week and haven’t been properly paid. Like Jasmin, you may be entitled to compensation, and legal advice can help you get what you’ve earned.

Working more than 44 hours a week without overtime pay?

You may be entitled to compensation—even if you’re salaried. 

→ Call 1-800-771-7882 or book a consultation to get clear legal advice.

To protect privacy and ensure a smoother reading experience, some identifying details and certain facts have been changed. This account remains grounded in the legal issues and outcomes that occurred.