metrics, reporting & financial management
Don’t Be Fooled by the “Standard”
in Employment Standards
AS LEGISLATION EVOLVES, EMPLOYERS NEED TO ENSURE THEIR COMPLIANCE
The Ontario Employment Standards Act, 2000 (the Act) and
other similar legislation across Canada sets out minimum
requirements for employment-related standards such as
vacation, overtime, hours of work, termination and leaves
of absence. Although the setting of minimum standards would
appear to be relatively straightforward, as a result of including
myriad exemptions, industry-specific variations and lack of definitions
for certain key words in the Act, employers are often faced
with significant challenges in meeting the requirements.
MANAGERIAL/SUPERVISORY EXEMPTION
One of the exemptions that gives rise to consistent problems for
employers is the managerial/supervisory exemption from hours of
work limitations and overtime. In fact, the governing language is
not even in the Act itself; it is found in one of the regulations to the
Act. The actual language in the regulation is:
“a person whose work is supervisory or managerial in
character and who may perform non-supervisory or nonmanagerial
tasks on an irregular or exceptional basis.”
By Stuart Ducoffe
alphaspirit/Shutterstock.com
HRPROFESSIONALNOW.CA ❚ SPECIAL CONFERENCE EDITION 2017 ❚ 59