In addition to vacations and statutory holidays, there are two key times when an employee who is not performing any productive work may be entitled to be paid under the Employment Standards Act (British Columbia):
- while on-call other than at home; and during travel time.
On-call employees are “at work” and are entitled to be paid regular wages as well as overtime for those hours of work. The Act provides that an employee is “at work” while on call at a location designated by the employer, unless that location is the “employee’s residence”, a term which is narrowly construed and … Continue Reading
Under the Employment Standards Act (British Columbia), vacation pay must be paid at the minimum rate of 4% or 6% (depending on the employee’s length of service). If the employee is entitled by contract to more than the minimum standard of vacation, the vacation pay is also increased at a rate of 2% per week.
Vacation pay must be calculated on total earnings, which includes all salary, commission, bonuses and other incentive earnings. Employers often breach the Act by paying base salary only during vacation.
Employers may also trip up when they purport to include vacation pay in a commission … Continue Reading
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.
In earlier posts, we reviewed the special rules and exemptions and looked at minimum wage.
Unless one of the exemptions applies, commissioned employees are entitled to be paid overtime at premium rates in accordance with the Act for hours worked in excess of eight per day or 40 per week, and to be paid for … Continue Reading