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THE QUESTION
My manager keeps scheduling me to take our clients out for lunches and dinners, where I’m expected to represent our company, schmooze and show appreciation to them so we can get or keep their business. This happens three or four times a month. He says these meals don’t count as working hours and views them as a perk, because the company pays the bill, so I’m getting a free meal. But I’m wondering if I’m entitled to overtime for attending these client meals because they feel like work to me.
THE FIRST ANSWER
Thuraya S. A. Lutfi, lawyer, Lutfi Law, Mississauga
In Ontario, when employees are expected to accompany clients to meals to advance the company’s interests (for example, schmoozing, networking or entertaining buyers), the time spent at those meals is generally considered work. The key question is not whether a meal is free of charge but whether the employee’s presence serves the employer’s business and whether the employee remains under instruction or otherwise engaged in duties during the meal.
Under the Ontario Employment Standards Act (ESA), time spent performing work activities counts toward weekly hours and can trigger overtime after 44 hours in a workweek unless a lawful exemption applies. When attendance at meals is integrated into revenue generation or client retention strategies, the meal time is part of the workday.
The consequences for workers are therefore significant. If client meals push a week beyond 44 hours, overtime pay, or an approved time-in-lieu arrangement, is typically owed. The mere existence of a complimentary meal does not negate this entitlement, nor can an employer reclassify the time to avoid overtime obligations. Again, some exceptions apply.
From an employer’s perspective, clarity is essential. Employers should recognize and document the business necessity of client meals, ensure proper time-tracking and consider written agreements when overtime is anticipated.
The key takeaway is to treat client meals as work time when attendance is required or implied as part of business development, and compensate accordingly. If in doubt, seek written guidance from legal counsel, update job classifications to reflect actual duties and maintain meticulous time records.
When disputes arise, the path to resolution lies in transparency, documentation and adherence to the ESA’s framework rather than ad hoc interpretations of “perks.” In moments of ambiguity, a clarified policy benefits all parties: workers secure fair compensation for time spent advancing business relationships and employers protect themselves from wage claims and reputational risk. If you’re in doubt, consult an employment lawyer for guidance tailored to your circumstances.
THE SECOND ANSWER
Jaspreet K. Mann and Sarah Ewart, Forte Workplace Law, Surrey, B.C.
The general rule in British Columbia and other provinces is that if your employer requires you to attend a work event, that time counts as working hours and must be paid. Under B.C.’s Employment Standards Act, “wages” include salaries and commissions, but not “perks” such as free meals. A free meal might be nice, but it is not a substitute for wages. If your manager adds the event to your Outlook calendar and expects you to attend as a company representative, you’re still on the clock.
You cannot expect to be paid for every event related to work. For example, if you have a casual lunch with a colleague on your own time and discuss work, you will not be paid for that. You are unlikely to be owed pay for optional events such as holiday parties and social events.
If you are not a manager, you may be entitled to overtime pay for attending client lunches and dinners if they push you over eight hours a day or 40 hours a week. Managers and professionals (such as lawyers, accountants or dentists) generally are not entitled to overtime, however, they could be owed straight-time pay for hours beyond what they were originally expected to work when they took the role.
A free meal on the clock is a perk, but “will work for food” is not the law. If your manager insists you attend events in exchange for a meal, you are within your rights to insist your time is worth more than a free appetizer.
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