The Overtime Trap – Part II
“Managers” are exempt from the overtime provisions of the Employment Standards Act (British Columbia). But, beware of the narrow definition, and the potential for overtime claims at straight time.
Not everyone called or considered a manager in the workplace is exempt. Only those who are employed in an executive capacity, or whose principal responsibilities are to supervise or direct human or other resources, are “managers” under the Act.
Even then, a manager may still qualify for overtime at straight time. If the manager’s contract links salary to a certain number of hours worked, or links time off in lieu to extra hours worked, the Employment Standards Branch will consider the manager to be entitled to straight time for additional hours.
To avoid the risk of such liability, offers of employment and employment contracts for managers should explicitly state that salary is paid as full compensation for all hours worked, including any hours in excess of those normally worked.
Employment Standards extra hours managers overtime regular work day work hours