Overtime must be authorized in order to be paid

An office clerk working at a therapy centre claims payment for overtime hours. In addition to her clerical duties, she worked many hours as an intervener with beneficiaries. Though evidence showed that the employee was present at work for the number of hours indicated in her personal day planner, the judge rejected the claim since her presence had not been requested by her employer and her job as an office clerk did not require her to work extra hours. Her presence during these long hours was due to her interest in acting as an intervener. However an employee cannot change the nature of his or her duties while on the job and claim payment for overtime spent on non-required duties. Commission des normes du travail v. La Maison de la jeunesse à Val-des-Lacs Inc., 2007 QCCQ 14678 (C.Q.) Judge Pierre E. Audet