In Ontario, Professional Engineers are currently exempt from several key protections under the Employment Standards Act (ESA), including rules related to overtime pay, hours of work, mandatory rest periods, and public holidays.
This exemption is based on a long-standing classification that views engineers as professionals presumed to have autonomy over their work schedules and compensation. But as work cultures evolve and issues like burnout, equity, and retention take center stage, is this exemption still justified, or is it time to rethink it?
Why This Matters
1. Work-Life Balance and Burnout
Engineers in consulting, tech, and construction often work long hours without overtime pay or time off in lieu. While flexibility is part of the profession, the risk of burnout is real, and expectations of 50+ hour workweeks are increasingly unsustainable.
2. Unequal Playing Field
While other professions, such as law and accounting, also have ESA exemptions, many of those professionals are self-employed or work within firms with clear compensation norms. Engineers, especially new graduates or internationally trained professionals, often lack bargaining power and are more vulnerable to exploitation.
3. Retention, Inclusion, and Equity
Lack of ESA protections may discourage women, caregivers, and racialized professionals from staying in the field.
What’s Changing
Conversations around mental health, hybrid work, fair compensation, and work-life boundaries are reshaping workplace norms across every sector, including engineering.
Some U.S. states have reclassified engineers under their labour laws, recognizing that “professional autonomy” doesn’t always reflect reality, especially in salaried positions. Could Ontario take a similar approach, perhaps by introducing partial protections or industry-specific standards?
The Employers’ Perspective
We recognize that employers may be concerned about the costs and administrative impacts of repealing the exemption. They may argue that project-based work, deadlines, and client demands make rigid work-hour rules difficult to apply to engineering roles.
OSPE’s Commitment
OSPE is committed to protecting engineers’ economic interests and workplace well-being. That means asking tough questions, even about long-standing policies, and ensuring our advocacy reflects the lived experience of today’s engineering workforce.
This issue also aligns with OSPE’s broader focus on:
- Fairness in employment practices
- Improving workplace equity
- Retaining top talent in Ontario’s engineering sector
We Want to Hear From You
We are launching a member consultation process to gather your thoughts on:
- How the ESA exemption affects you or your workplace
- Whether you believe reform is needed
- What an ideal solution might look like
Share your feedback here.
Your input will help guide our next steps. If there’s support, OSPE may consider advocating for ESA reform in a way that is balanced, evidence-based, and responsive to both engineers and employers.
Let’s build a profession where fairness, sustainability, and respect for time are part of the equation. Because engineers deserve a system that works for them.
Leave a Comment