Starbucks Class Action A Timely Reminder That Managers May Be Entitled To Overtime Pay

Bottom Line

In Ontario, managerial/supervisory employees, among others, are exempt from the overtime provisions of the Employment Standards Act, 2000 ("ESA"). However, an employee's job title and/or the terms of their employment contract have little, if anything, to do with entitlement to overtime pay. Instead, overtime pay exemptions are tied to the duties actually performed by an employee. In practice, this makes it difficult to discern exactly when the managerial/supervisory exemption is engaged. This is particularly true in workplace settings where managers are themselves actively engaged in the operational activities. The Ontario Superior Court of Justice may soon grapple with the question of overtime eligibility for managers at Starbucks Coffee Canada Inc. if the class action proposed in Trevor Hopman v Starbucks Coffee Canada Inc. is certified.