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

Tag Archives: overtime

If Employees are Telecommuting …

Bucking the Yahoo! Trend

By Earl Phillips on Posted in Employee Obligations, Employment Standards, Human Capital, Occupational Health and Safety, Wage and Hours

Telecommuting may be on the way out at Yahoo! but it is very much alive elsewhere.  So if you have employees who are working from home, or if you are considering it,  you should think through the employment issues. The first question is:   Do you have a written agreement to set out the telecommuting rules?  If not, you need one…. → Read More

Introducing Northern Workplaces, our New Client Newsletter

By Earl Phillips on Posted in Human Rights, Termination, US vs.Canadian Employment Law, Wage and Hours, Wrongful Dismissal

McCarthy Tétrault’s Labour & Employment Group has recently launched a newsletter destined for our U.S. clients and contacts entitled Northern Workplaces. Northern Workplaces is just one of the tools we are deploying to address labour and employment issues of interest to American-based clients and counterparts who deal with employment matters in Canada. Our first and… → Read More

Overtime Class Actions and the Special Position of BC Employers

By Christopher McHardy on Posted in Discrimination, Employment Standards, Human Capital, Immigration, Recruiting, Wage and Hours

Big news from Ontario on overtime claims – the Court of Appeal will allow claims for statutory overtime by CIBC and Bank of Nova Scotia employees to proceed as class actions.  (Update:  The Supreme Court of Canada decided on March 21, 2013 that it will not hear the banks’ appeals, so these cases may be… → Read More

Commissioned Salespeople – Overtime/Statutory Holidays/Vacation

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. In earlier posts, we reviewed the special rules and exemptions  and… → 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

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

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

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 Agreements and Employment Standards

By Donovan Plomp on Posted in Employment Standards, Unions

Employers with unionized employees must understand if and when the Employment Standards Act (British Columbia) will apply. Collective Agreement Prevails A collective agreement may have provisions that fall below the minimum requirements of the Act in the following areas: hours of work and overtime (Part 4), statutory holidays (Part 5), annual vacation and vacation pay… → Read More