Each month, our Advocacy Committee answers your questions about the AD 10 policies (aka, your terms and conditions of employment.)
Hello, I'm Mike Peragine, an advocate on APSA's Advocacy Committee. On behalf of the Committee, I'm answering your question related to ESA manager versus non-manager classifications.
I was classified as a manager and was told that I couldn’t get overtime rates or cash compensation, but I don’t think I qualify as a manager when I look at the Employment Standards Manager Factsheet. What should I do?
The criteria for categorizing someone as a manager or non-manager is part of the BC Employment Standards Act (ESA). The criteria for each category is a legal requirement per the ESA and not the result of a decision made by APSA or SFU.
It sounds like you’ve looked through the documents on both the ESA and the SFU websites and believe that you’re not a manager for ESA purposes. Given some of the complexities, I would encourage you to contact us for confidential advice on your concerns. We currently have advocates who are working specifically with issues around hours of work and overtime compensation.
SFU has published a flowchart based on the ESA that will help you determine if you qualify as a manager or not. Note, however, that this flowchart is not the final word on your categorization. If you are still unsure of what classification you belong to, please contact APSA. Talking to us is 100% confidential.