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British Columbia Employer Advisor Keeping Employers Posted on Developments in Labour and Employment Law

Monthly Archives: April 2012

Human Capital: Recruiting and Retaining Talent

By Earl Phillips on Posted in Human Capital, Immigration, Recruiting

The world’s economic struggles continue and Canada’s economic recovery is affected. Even so, we at least are doing relatively well and one measure is renewed talk of the challenge of recruiting and retaining talent. While unemployment remains high, many skilled job openings are unfilled.  This is both a current drag on economic growth and a long-term concern that we may be… → Read More

Commissioned Salespeople – Special Rules and Exemptions

By Earl Phillips on Posted in Employment Standards, Wage and Hours

The Employment Standards Act (British Columbia) starts from the presumption that employees who get some or all of their pay in commissions are entitled to be paid at least minimum wage for all hours worked, overtime for all overtime hours, and for statutory holidays. There are some special rules and exemptions: Commissioned employees are exempt… → Read More

Hot Off the Press – Doing Business in Canada

By McCarthy Tétrault LLP on Posted in Benefits, Compensation, Pensions, Employment Standards, Human Rights, Labour Relations, Privacy

If your organization is currently thinking about establishing or acquiring a business in Canada, the 2012 edition of Doing Business in Canada, written by McCarthy Tétrault, will prove to be a valuable resource. The guide provides a broad overview of the legal considerations that non-residents should take into account to help ensure their success as… → Read More

What Makes an Independent Contractor?

By Christopher McHardy on Posted in Employee Obligations, Employment Standards, Wage and Hours

Employee or independent contractor?  It’s an important question with important consequences. The question can arise in different contexts, can be resolved with different tests, and can lead to different results.  But looking at the four common tests will help you determine the right answer. (1) The Control Test The control test has been summarized as… → Read More

The Limits to Averaging Agreements

By Christopher McHardy on Posted in Employment Standards, Wage and Hours

The Employment Standards Act (British Columbia) allows some flexibility in hours of work without overtime pay through the use of averaging agreements. Unfortunately, the requirements for an enforceable averaging agreement are often impractical. An averaging agreement must: be agreed, in writing, with each employee; specify the start and end dates; be signed by both parties;… → Read More

Duty to Accommodate: How Important Is the Procedure?

By Earl Phillips on Posted in Accommodation, Discrimination, Human Rights, Termination

Procedure is very important in the duty to accommodate, but there is no independent procedural duty that an employer must meet. That was the recent ruling of the B.C. Supreme Court in answer to a Human Rights Tribunal decision to the contrary. The court rejected the holding of the B.C. Human Rights Tribunal that an employer… → Read More

The Overtime Trap – Part II

By Donovan Plomp on Posted in Benefits, Compensation, Pensions, Employment Standards, Wage and Hours

Managers “Managers” are exempt from the overtime provisions of the Employment Standards Act (British Columbia). But, beware of the narrow definition, and the potential for overtime claims at straight time. Not everyone called or considered a manager in the workplace is exempt. Only those who are employed in an executive capacity, or whose principal responsibilities are… → Read More

Suggesting Decertification Just Might Work

By Donovan Plomp on Posted in Labour Relations, Unions

What unionized employer hasn’t wished they could ask their employees to decertify? Most employers know that initiating and advocating in favour of a decertification application is considered improper interference.  But what if your company is facing financial ruin and you have nothing to lose?  In this case, the employer was facing severe financial challenges and… → Read More

The Overtime Trap – Part I

By Donovan Plomp on Posted in Benefits, Compensation, Pensions, Employment Standards, Wage and Hours

The Employment Standards Act (British Columbia) requires that an employer pay an employee overtime wages if it “requires, or directly or indirectly allows, the employee to work more than 8 hours a day or 40 hours a week.” An employee who can provide some evidence of starting early, staying late, working through lunch or doing work… → Read More

Collective Bargaining or Legislated Outcomes?

By Earl Phillips on Posted in Labour Relations, Unions

Where are we headed with collective bargaining?  Are legislated outcomes to labour disputes a good or bad thing?  Does the old model of economic warfare still work to help settle collective agreements? These are questions to keep in mind as the BC Teachers square off with the provincial government, as the federal government repeatedly steps into Air Canada’s… → Read More