Quick answer: Ontario’s three-hour rule can require an employer to pay an employee for three hours when the employee regularly works more than three hours a day, reports for work, but works less than three hours despite being available to work longer.
When the rule normally applies
- The employee regularly works more than three hours a day.
- The employee reports for the scheduled shift.
- The employee is available to work longer.
- The employer provides less than three hours of work.
How the payment is calculated
The employee is generally owed the greater of: pay for the time actually worked, or three hours at the employee’s regular rate subject to the ESA formula. The result is not always simply three hours at minimum wage when the worker has a higher regular rate.
Example: A worker earning $20 an hour arrives for an eight-hour shift but is sent home after one hour because business is slow. If the conditions are met, the employee may be entitled to $60 rather than $20.
When the rule may not apply
An exception may apply when the employer cannot provide work because of fire, lightning, power failure, storms or similar causes beyond the employer’s control. Special rules or exemptions may also affect particular jobs.
What “available to work” means
If the employee asks to leave early, refuses available work or is unable to continue, the three-hour protection may not apply in the same way. Keep messages showing the schedule and why the shift ended.
Record-keeping checklist
- Scheduled start and finish time
- Actual hours worked
- Who directed the employee to leave
- Reason given for ending the shift
- Corresponding pay stub
Verify the rule in Ontario’s hours-of-work guidance. Compare the Ontario minimum wage and pay stub requirements.
This guide is not legal advice.
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