Each month, our advocates answer your questions about workplace challenges, the AD 10 policies, and how they’re applied. Questions? Submit them anonymously here. These questions will be answered in a monthly advocacy corner issue. For an immediate answer, please contact APSA.
Hello, I'm Andrew Boden, APSA's Executive Director and an advocate on our Advocacy Committee. I'm answering your questions this week.
APSA,
I'm currently working in a Coordinator role. I've been told that I'm a manager, however, as I have reports and, therefore, will not be paid overtime. I'm not sure if this is correct or not. Can you give me some clarity?
Thank you so much for reaching out to APSA, as this development is concerning.
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 are legal requirements per the ESA and not the result of a decision made by APSA or SFU. Although the ESA uses the term "manager," what that actually involves is more "executive" decision-making: the ability, for example, to hire and fire without requiring the approval of someone ranked above you. If you can't hire or fire, or can't hire or fire without the seal of your supervisor's approval, your managerial authority is likely what the ESA calls "trivial authority," and you're probably not a manager for purposes of overtime. (I note that I intend no insult by using the phrase "trivial authority": this is a phrase from ESA decisions on cases it has adjudicated).
Please have a look at the Employment Standards Manager Factsheet for more information. 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.
While SFU has published a flowchart based on the ESA, APSA disputes its conclusions and the validity of its guidance. If you are still unsure of what classification you belong to, please contact APSA. Talking to us is 100% confidential.