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
Category Archives: Wage and Hours
Subscribe to Wage and Hours RSS FeedMonth in Review
Posted in Accommodation, Age, Benefits, Compensation, Pensions, Damages, Discipline, Discrimination, Employee Obligations, Employment Standards, Family Status, Human Capital, Human Rights, Immigration, Investigations, Just Cause, Labour Relations, Litigation, Murphy's Laws of HR, Privacy, Recruiting, Termination, Unions, US vs.Canadian Employment Law, Wage and Hours, Workers Compensation, Wrongful DismissalThe bloggers of BC Employer Advisor issued our first Month in Review to summarize our most recent posts. Visit the summary here.
Introducing Northern Workplaces, our New Client Newsletter
Posted in Human Rights, Termination, US vs.Canadian Employment Law, Wage and Hours, Wrongful DismissalMcCarthy 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
Posted in Discrimination, Employment Standards, Human Capital, Immigration, Recruiting, Wage and HoursBig 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. Fortunately for British Columbia employers, such class actions are still not possible in British Columbia. CIBC won the first two rounds of the fight, and… → Read More
Pay for No Work – Part II – Travel Time
Posted in Employment Standards, Wage and HoursAn earlier post looked at having to pay for on-call time under the Employment Standards Act (British Columbia). This post looks at travel time. Travel time may be payable, depending on whether the travel is at the direction of the employer. Commuting from home to work and back again is generally not payable, even if… → Read More
Restrictions on Withholding Pay
Posted in Benefits, Compensation, Pensions, Employment Standards, Wage and HoursThe Employment Standards Act (British Columbia) prohibits an employer from withholding or deducting any part of wages unless the employee has consented in writing. Problems frequently arise when employment terminates and the employer seeks to recover loans, advance payments (of wages or vacation pay) or other debts from the employee by way of deductions from… → Read More
Pay for No Work – Part I – On-Call
Posted in Employment Standards, Wage and HoursIn 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… → Read More
Commissioned Salespeople – Overtime/Statutory Holidays/Vacation
Posted in Employment Standards, Wage and HoursThe 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 – Minimum Wage
Posted in Employment Standards, Wage and HoursThe 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. Subject to the exemptions and special rules mentioned in a previous… → Read More
Commissioned Salespeople – Special Rules and Exemptions
Posted in Employment Standards, Wage and HoursThe 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
What Makes an Independent Contractor?
Posted in Employee Obligations, Employment Standards, Wage and HoursEmployee 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
Posted in Employment Standards, Wage and HoursThe 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
Posted in Benefits, Compensation, Pensions, Employment Standards, Wage and HoursManagers “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
Posted in Benefits, Compensation, Pensions, Employment Standards, Wage and HoursThe 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
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