Caution to Employers Using Social Media to Vet Potential New Hires

This is Part 1 of our two-part series in social media in hiring. Stay tuned for Part 2 next week! 

Today, there are more users on social media than ever before. Scores of people everywhere in the world are posting personal information online. This information is being consumed by billions of people on a daily basis, some for more personal reasons, others less so. Countless employers have, for instance, rapidly shifted to incorporating the extra step of reviewing potential candidates’ social media activity into the hiring processes. Considering the relative novelty of social media technology, employers should brace themselves for increasing litigation around this in relation to employment issues in the years to come. 

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Overtime Part 2: The Manager Exemption

manager exemption for overtime

Photo by Jonas Leupe on Unsplash

Last week we wrote about ways employers can manage overtime liabilities with Averaging Agreements and Time in Lieu. This week we will tackle a commonly litigated overtime issue – the manager exemption. 

The Manager Exemption 

Not every worker is entitled to overtime pay. Exemptions are set out in section 8 of Ontario Regulation 285.1 under the Employment Standards Act, 2000. Included in the list of the exempt is the manager or, to be exact, “a person whose work is supervisory or managerial in character and who may perform non-supervisory or non-managerial tasks on an irregular or exceptional basis.” Who exactly falls under this exemption can be unclear. 

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The 444 Employment Law Toolkit

The 444: employment law tooklit for small employersSpringLaw is 4!!!!  To celebrate our 4-year anniversary, thank our clients and welcome non-client businesses who are looking for a new way to receive legal services, we are pleased to offer The 444 Toolkit.

The 444 Toolkit is a collection of our most highly sought-after resources our clients ask for every day:

  • 4 core legal templates
  • 4 of our most popular workplace law guides
  • 4 helpful checklists

If you are a small business owner, looking to update your core legal docs and needing some guidance to navigate this ongoing rollercoaster of the pandemic, this workplace law toolkit is for you!

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Overtime Part 1: Averaging and Time Off In Lieu

Overtime: averaging and lieu time as alternatives to paid overtime

Photo by Jonas Leupe on Unsplash

Along with vacation pay, overtime is another area of the Employment Standards Act that can be confusing and can get employers in trouble. 

Entitlement to Overtime Pay

Most employees are entitled to be paid overtime – which is 1.5 times their normal pay rate – for every hour they work in excess of 44 hours in a week. 

Some employees are exempt, including most of the regulated professions, many employees in healthcare jobs, IT workers and managers among others. For a full list of job types that are not entitled to overtime see the Ministry of Labour’s Guidance.

The manager exemption can be a tricky one and we will address that in Part 2 next week. 

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