By: Stephanie McDonald and Baljinder (Bal) Singh Tiwana
The Employment Standards Act (ESA) sets the baseline for employee rights in Ontario. No employer can override these rights through a contract—they are minimum legal standards.
But here’s the catch: not all employees are treated the same under the ESA. If your role is classified as managerial or supervisory, some ESA protections—like overtime pay—may not apply to you. However, this classification depends on your actual job duties, not just your job title.
This article breaks down some of the key ESA rules that apply to managers in Ontario, so you know your rights.
Overtime Pay: What Managers Need to Know
Under ESA Regulation 285/01, s.8(b), managers are generally exempt from overtime pay. That means you don’t automatically get “time-and-a-half” after 44 hours per week.
However, your work, not your title, decides whether the exemption applies.
If your daily duties don’t involve true managerial or supervisory tasks (like hiring, firing, scheduling, or supervising staff), you may still qualify for overtime pay, even if your title is “Manager.”
Don’t Judge a Role by its Title
Take this example: A head chef manages the kitchen but often covers line cook shifts due to staff shortages. If the non-managerial work becomes ordinary or regular, that employee may be entitled to overtime, i.e. benefit from the ESA protection(s).
Bottom line: If you’re called a manager but are regularly doing non-managerial work and you’re not being paid overtime pay, you could be owed unpaid wages.
On-Call and Overtime Pay Rules for Managers
If your role is exempt from overtime pay under ESA Regulation 285/01, s.8(b) (i.e., you’re genuinely classified as a manager), then on-call hours that go beyond 44 per week won’t qualify for overtime pay—even if you’re working late or answering calls outside regular hours.
However, you’re still entitled to wages for all time spent working for your employer, as discussed below.
Right to Disconnect: Theory vs. Reality
Under the ESA, employers with 25+ employees must have a written “Right to Disconnect” policy. It applies to all employees, including managers, and a copy must be shared with you.
This policy is meant to allow employees to ignore work-related messages—emails, calls, texts —outside of work hours.
But here’s the reality: managers are often still expected to stay available after hours. If your contract requires after-hours availability or on-call time, the policy may not protect you as much as it seems. Enforcing the policy can be problematic in the real world—especially in leadership roles.
But remember, you’re always entitled to be compensated for all time spent working for your employer.
Unpaid Wages: Misclassified Managers
Some employers will frame a position as “manager” to avoid paying overtime, but expect you to work more than other employees, without compensating you for your extra efforts. But if your daily responsibilities don’t match true managerial duties, you may be misclassified.
In that case, you’re likely entitled to:
- Overtime pay
- Compensation for unpaid hours
The Ministry of Labour can investigate unpaid wages going back up to 2 years or more, and you could be owed a substantial sum.
Contract Hours vs. Actual Hours Worked
If your employment contract sets out a specific number of hours, or you are paid by the hour, and you work more hours than is specified—you’re legally entitled to be paid for any additional time worked.
Employers can’t use the fact that you’re paid by an annual salary as a blanket excuse to deny extra pay. Unless your contract clearly states that additional hours are included in your compensation, you must be paid for the extra time.
And if you’re not legally classified as a manager, those additional hours that exceed 44 per week must be paid at time and a half your regular hourly wage.
Rights that Don’t apply to Managers
Regulation 285/01 outlines the parts of the ESA that do not apply to managers. In summary:
- There are no limits under the ESA for how many hours per work in a day or in a work week that a manager can work (limit on hours of work)
- There are no rules under the ESA for how many hours free from work each day a manager must have (hours free form work)
- There are no rules under the ESA that requires the employer to compensate managers time and a half for time spent in excess of 44 hours per week (overtime pay)
Enforcing Your Rights
But here’s the challenge: enforcement is tough.
If you don’t track your hours, proving unpaid work becomes difficult. No records, no case.
Then there’s the workplace pressure. In many work environments, there’s an unspoken expectation to go “above and beyond.” Employees worry they’ll be labelled “uncommitted” or “disloyal” if they push back at their employers.
This culture discourages people from asserting their rights — but remember, legal entitlements don’t vanish just because a workplace expects silence.
If you choose to not enforce your right to overtime pay while you are working, then at least keep a record of all the extra hours you worked so that you can rely on those records if your employment comes to an end.
Reprisal Protection
In Ontario, managers have the same reprisal protections under the Employment Standards Act (ESA) as any other employee. Your employer can’t demote you, cut your pay, reduce your hours, threaten, harass, discipline, or fire you for asserting your rights. That includes speaking up about unpaid wages, refusing unpaid overtime, or filing a complaint with the Ministry of Labour.
Make sure you make your request for overtime pay in writing and keep a written diary of all oral conversations with your employer.
Conclusion
Key takeaways:
- A job title alone doesn’t exempt you from ESA protections
- If you routinely perform non-managerial work, you may be entitled to overtime pay
- Employers with 25+ employees must have a Right to Disconnect policy, which applies to managers
- If you’ve been misclassified, unpaid wages can be recovered — going back up to 2 years or more
Misclassification can cost you time, money, and legal protection—but you don’t have to accept it.
At Workplace Sage Legal, we can help managers review their case, understand their legal rights, challenge unfair practices, and recover what they’re owed. If your title doesn’t match your day-to-day role, let’s talk.
Know your role. Protect your rights. Get paid what you’ve earned. Book a consultation today.
DISCLAIMER: This article/blog is provided for educational/informational purposes only. The views expressed are solely those of the author(s) and should not be attributed to any other party not listed as the author(s).
While reasonable efforts have been made to ensure the accuracy of the content provided, it does not constitute legal advice. Prior to relying on any aspect of this article, you should consult with a suitably qualified legal professional promptly in your relevant jurisdiction, to obtain advice tailored to your individual circumstances
Nothing in this article should be interpreted as forming a solicitor-client relationship or construed as a solicitation for legal services.
