Your pay

Overtime pay

What is overtime pay?

“Overtime” means any hours you work over your normal weekly hours (see: “Hours, shifts and breaks”). If you work full time, this will usually mean any hours over 40 hours per week.

When am I entitled to overtime pay?

You’re not entitled to overtime pay unless it is stated in your employment agreement. Your employment agreement will also set out the rate of pay for any overtime hours.

For example, an employment agreement might provide that the employee will work 35 hours per week. If they are asked to work more than 35 hours, they will be paid at time-and-a-half up to 40 hours, and at double-time for any hours over 40 hours.

Higher rates for overtime are sometimes called “penal” rates.

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Employment conditions and protections

Where to go for more support

Community Law

Your local Community Law Centre can provide you with free initial legal advice.

Find your local Community Law Centre online: www.communitylaw.org.nz/our-law-centres

Access the free “Pregnancy Rights: Your legal options before and after pregnancy” booklet. This booklet contains practical answers to questions about pregnancy and the law, and includes information on sexual health and consent, options after a positive pregnancy test, healthcare, education, housing and more.
Online: communitylaw.org.nz/wp-content/uploads/2015/07/Pregnancy-Manual_PDF-for-Web_2021.pdf
Email for a hard copy: publications@wclc.org.nz
Phone: Community Law Wellington and Hutt Valley – 04 499 2928

Ministry of Business, Innovation & Employment

The Employment website of the Ministry of Business, Innovation & Employment publishes a range of information on employment relations and minimum rights at work.

Website: www.employment.govt.nz
Phone: 0800 20 90 20
Hours and wages: www.employment.govt.nz/hours-and-wages
Leave and holidays: www.employment.govt.nz/leave-and-holidays
Workplace policies: www.employment.govt.nz/workplace-policies

Te Kauae Kaimah/New Zealand Council of Trade Unions

Te Kauae Kaimah is the umbrella body for affiliated unions covering every job and industry in New Zealand. It can provide information about which union may cover the type of work you do.

Website: www.union.org.nz
Email: info@nzctu.org.nz
Phone: (04) 385 1334

Labour inspectorate

Labour inspectors monitor and enforce minimum employment conditions. To refer a problem to a labour inspector, you contact the Ministry of Business, Innovation & Employment.

Website: www.mbie.govt.nz/position-descriptions/employment-services/labour-inspector-employment-services and www.employment.govt.nz/resolving-problems/steps-to-resolve/labour-inspectorate
Phone: 0800 20 90 20

Mahi Haumaru Aotearoa/Worksafe New Zealand

Worksafe is New Zealand’s primary workplace health and safety regulator.  The website contains a range of information on workplace health and safety.

Phone: 0800 030 040
Notify Worksafe online: www.worksafe.govt.nz/notify-worksafe

Parental leave payments

For more information on parental leave see Inland Revenue’s website.

Website: www.ird.govt.nz/topics/paid-parental-leave

Office of the Ombudsman

The Ombudsman handles complaints about Government agencies. In the employment context, you can make a protected disclosure (known as whistle-blowing).

Website: www.ombudsman.parliament.nz
Email: office@ombudsmen.parliament.nz
Phone: 0800 802 602
Whistle-blowing/protected disclosure information: www.ombudsman.parliament.nz/what-ombudsman-can-help/serious-wrongdoing-work-whistleblowing

To make a complaint online: www.ombudsman.parliament.nz/get-help-public

Also available as a book

The Community Law Manual

The Manual contains over 1000 pages of easy-to-read legal info and comprehensive answers to common legal questions. From ACC to family law, health & disability, jobs, benefits & flats, Tāonga Māori, immigration and refugee law and much more, the Manual covers just about every area of community and personal life.

Buy The Community Law Manual

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