Attention QA testers in Canada
In a decision last year of the Ontario Labour Relations board, a ruling was made on a claim against Digital Extremes, a London, Ontario company producing video games. They ruled that a QA tester is NOT an “IT Professional,” and therefore the Employment Standards Act regulations DO apply to his/her working conditions.
Therefore QA testers should be paid time-and-a half overtime for hours a week worked in excess of 44, and all the restrictions on working hours do apply (see ESA 2000). For example, you cannot be asked to work more than 8 hours a day, or 48 hours per week.
Digital Extremes accepted this outcome by voluntarily complying and paying for the overtime they owed. This claim can be cited in administrative actions against video game companies in Canada for overtime pay.