If your job title is «manager» but you have no one reporting to you, do not have the authority to discipline, set schedules, promote, etc, then you are likely not exempt from overtime provisions
under employment standards law.
In fact, employers that claim salaried employees are not entitled to overtime, either in writing or through an implied contract, would be contracting out
of employment standards law.
My take is that he was recommending that young, unemployed workers gain experience via unpaid internships, which is arguably an end run
around employment standards laws that prohibit contracting out of the minimum wage.
If a contract is ambiguous, illegal, provides less than what is stipulated
under employment standards law, or is entered into under duress or coercion, it may be set aside.
The penalty for early termination of a fixed - term agreement is presumptively payment through the unexpired term of the contract or such smaller amount as the parties may agree to, subject to
employment standards laws.
The court also considered that Simoes exhausted all his emergency and bereavement leave he was entitled to under
employment standards law.
Human rights and
employment standards laws are, in large part, «remedial» rather than «punitive»: their primary purpose is to cure the harassment, not to punish the perpetrator (or the employer, its officers, directors or managers).
The legal obligations imposed under OHS, human rights and
employment standards laws are incorporated into every collective agreement, whether or not the agreement expressly says so.
There are no provisions in
employment standards law that exempts salaried employees from overtime entitlements.
This is governed by human rights codes and
employment standards laws, both subject to the Charter of Rights and Freedoms, which guarantees equal protection of law regardless of national origin etc..
Termination clauses, however, can limit notice to minimal entitlements under
employment standards law.
When employers are dealing with employees, employers need to be well advised and have a clear understanding of
the employment standards laws.