Employees across Ontario are often surprised to learn they may be legally entitled to pay even if they are sent home early or work only a short shift. Under the
Employment Standards Act, 2000 (“ESA”), most employees must receive a minimum of three hours’ pay whenever they are called in to work — regardless of how much work they actually perform.
This requirement, commonly known as the “3-hour rule” or minimum call-in pay, protects workers from unpredictable scheduling practices and last-minute reductions in hours.
What Is Minimum Call-In Pay in Ontario?
According to the Ontario Government’s Guide to the ESA (Hours of Work), employers must pay employees for at least three hours at their regular rate of pay if:
- the employee is scheduled to work,
- reports to work as requested, and
- the employer provides less than three hours of work.
This requirement applies whether the employee is physically present or working remotely.
How Minimum Call-In Pay Is Calculated
You must receive the higher of:
- Your regular wage for three hours, or
- Your regular wage for the time worked plus any top-up needed to reach three hours.
Example:
You earn $20/hour and work only 20 minutes.
→ You must be paid $60.00 (3 × $20).
The Ontario Government’s Wages and Pay Guide confirms that three hours’ pay must be calculated using the employee’s regular rate — not commissions or bonuses.
If You Earn Commission or a Different Rate of Pay
Minimum call-in pay is based strictly on your regular hourly wage, even if you often earn more through commission or piecework.
Does the 3-Hour Rule Apply to On-Call Employees?
Yes. If an on-call employee is required to report to work and works less than three hours, they must receive minimum call-in pay.
This applies to many federally regulated sectors as well; the Government of Canada outlines additional protections under its Labour Standards Program.
When the 3-Hour Rule Does Not Apply
1. Weather or Emergencies
The ESA allows an exception when work cannot be performed due to circumstances *beyond the employer’s control*, such as extreme weather, power outages, or emergencies.
2. Employees Who Regularly Work Short Shifts
If an employee regularly works shifts under three hours, the ESA does not require minimum top-up pay.
3. Certain Exempt Employee Categories
Some employees are exempt from hours-of-work rules, including:
- managers and supervisors
- licensed professionals (lawyers, engineers, accountants)
- some IT professionals
Employees misclassified as “managers” may still qualify for ESA protection. Learn more about misclassification here.
Sent Home Early for “Low Business Volume”
Being sent home early because the business is slow does not fall into any ESA exemption. Employers must still provide minimum call-in pay. If this happens repeatedly, you may be owed unpaid wages.
Remote Workers and the 3-Hour Rule
The ESA applies the 3-hour rule equally to remote workers. If your remote shift is cut short unexpectedly, your employer must still pay you for at least three hours.
Minimum Call-In Pay When Terminated or Laid Off
If you are sent home early on your last day of work, you may still be owed minimum call-in pay. This is in addition to any termination pay, severance pay, or
unpaid overtime.
What To Do if You Haven’t Received Minimum Call-In Pay
- Review your pay stubs.
- Identify days you were sent home early.
- Compare hours worked vs hours paid.
- Document repeated violations.
- Seek legal advice if the issue is ongoing.
How Monkhouse Law Can Help
Monkhouse Law Employment Lawyers helps employees recover unpaid wages, unpaid overtime, and compensation following wrongful or constructive dismissal. Contact us today for a free 30-minute phone consultation.