How this manager earned overtime worth $10,000

Even if you are a manager or supervisor, you may be eligible for overtime pay if more than half the work you do consists of non-supervisory tasks that are beyond the scope of your job description.

In a recent decision of the Ontario Labour Relations Board, an overtime exempt executive chef was awarded close to $10,000 in overtime pay because in addition to his managerial responsibilities, he worked over 50 hours of overtime/week for five weeks filling in as a line cook.

Massimo Sanago was employed as an executive chef with Glendale Golf and Country Club from June 15, 2007 to November 30th 2007. He supervised all phases of the kitchen operation and was responsible for a budget of approximately $700,000. His job description also included assisting line cooks during peak periods.

The kitchen typically had eight to 12 staff supervised by Sanago. However, within two weeks of starting, some employees quit and others who did not meet his standards were fired. As a result, headcount was down by five staff members, including the sous chef and at least one line cook.

Because the Glendale kitchen’s staffing crisis occurred during peak season, it was difficult to quickly find replacement workers. Therefore, over a five week period Sanago worked seven days a week for 12 to 16 hours a day and at his employer’s suggestion, recorded the overtime on his calendar. Over 55 per cent of these hours involved working as a line cook.

Glendale’s office manager Jason Monroe testified that Sanago’s role was supposed to be 100 per cent supervisory and there was no expectation that he would do line cooking. Nevertheless, he conceded that when so many staff left, there was no other option. Glendale acknowledged the executive chef’s hard work by giving him a gratuitous bonus of $5,000.

The Ontario Labour Relations Board found that as an executive chef, Sanago falls within the Ontario Employment Standards Act’s managerial/supervisory exemption for overtime pay. However, the Board also ruled that he was entitled to overtime

in any work week when irregular or exceptional circumstances resulted in more than 50 per cent of his working time being devoted to non-exempt duties (i.e. line cooking).

Furthermore, overtime was payable for over 44 hours of work each week, whether or not during the actual overtime hours he fulfilled managerial responsibilities or worked on the line.

As a result, the Board determined that overtime pay owing to Sanago for five weeks (277 hours) came to $9,443.22. The gratuitous payment of $5,000 was subtracted from that amount, and Glendale was obliged to pay Sanago a further $4,443.22.