22. (1) An employer shall pay an employee overtime pay of at least one and one-half times his or her regular rate for each hour of work in excess of 44 hours in each week or, if another threshold is prescribed, that prescribed threshold. 2000, c. 41, s. 22 (1).
(2) An employee’s hours of work may be averaged over separate, non-overlapping, contiguous periods of two or more consecutive weeks for the purpose of determining the employee’s entitlement, if any, to overtime pay if,
(a) the employee has made an agreement with the employer that his or her hours of work may be averaged over periods of a specified number of weeks;
(b) the employer has received an approval under section 22.1 that applies to the employee or a class of employees that includes the employee; and
(c) the averaging period does not exceed the lesser of,
(i) the number of weeks specified in the agreement, and(ii) the number of weeks specified in the approval. 2004, c. 21, s. 6 (1).
In the present case, the Board is similarly unable to find that the claimant's only work is supervisory or managerial in character. The claimant was required to perform security services himself and to perform janitorial duties on a regular basis. He was responsible for overseeing the work of other security staff while he himself engaged in security monitoring. The evidence was that the claimantwas required to perform patrolling functions while overseeing the work of other security staff, that during the overnight shifts he was required to perform janitorial duties and that he never hired or fired any employees. The Board therefore finds that the claimant is not exempt from the overtime pay provisions.