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 the difference between telling a contractor what to do, and telling an employee how to do it.
The amount of reporting to management, and the amount of control over when, where and how the work is done, are minimized in a contractor relationship.
(2) Ownership … Continue Reading
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:
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- be agreed, in writing, with each employee;
- specify the start and end dates;
- be signed by both parties;
- specify the hours for each day;
- specify the length, which must be one, two, three or four weeks unless varied by the Director of Employment Standards;
- specify the number of times the agreement may be repeated;
- not average more than 40 hours per week;
“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 to supervise or direct human or other resources, are “managers” under the Act.
Even then, a manager may still qualify for overtime at straight time. If the manager’s contract links salary to a certain number of hours worked, or links time off in lieu … Continue Reading