Podcast
Questions and Answers
Under what circumstances can an employer in Alberta require an employee to work longer without a break?
Under what circumstances can an employer in Alberta require an employee to work longer without a break?
What is the requirement regarding unpaid breaks in Alberta?
What is the requirement regarding unpaid breaks in Alberta?
What is the basic overtime rate for employees in Alberta after their threshold hours?
What is the basic overtime rate for employees in Alberta after their threshold hours?
What is the threshold for overtime pay in a workweek in Alberta?
What is the threshold for overtime pay in a workweek in Alberta?
Signup and view all the answers
In British Columbia, how can employers utilize meal breaks?
In British Columbia, how can employers utilize meal breaks?
Signup and view all the answers
What category of employees in Alberta are exempt from hours of work and rest period provisions?
What category of employees in Alberta are exempt from hours of work and rest period provisions?
Signup and view all the answers
What is the calculation for an employee making $15.00 per hour who works overtime beyond 44 hours in a week?
What is the calculation for an employee making $15.00 per hour who works overtime beyond 44 hours in a week?
Signup and view all the answers
Is an employer in Alberta obligated to provide coffee breaks?
Is an employer in Alberta obligated to provide coffee breaks?
Signup and view all the answers
What is the maximum time an employer in BC has to provide vacation time after an employee becomes entitled to it?
What is the maximum time an employer in BC has to provide vacation time after an employee becomes entitled to it?
Signup and view all the answers
If an employee takes a maternity leave, how does it affect their vacation entitlement in BC?
If an employee takes a maternity leave, how does it affect their vacation entitlement in BC?
Signup and view all the answers
For employees in BC, what percentage of wages is the minimum entitlement for vacation pay during a 12-month period?
For employees in BC, what percentage of wages is the minimum entitlement for vacation pay during a 12-month period?
Signup and view all the answers
How does inactive service affect the calculation of vacation in BC?
How does inactive service affect the calculation of vacation in BC?
Signup and view all the answers
After how many years of consecutive employment do employees in BC receive vacation pay at the rate of 6 percent?
After how many years of consecutive employment do employees in BC receive vacation pay at the rate of 6 percent?
Signup and view all the answers
In BC, an employer has the authority to decide when an employee must take their vacation time. Which of the following is an example of such a situation?
In BC, an employer has the authority to decide when an employee must take their vacation time. Which of the following is an example of such a situation?
Signup and view all the answers
What is true about vacation leave after a statutory leave in BC?
What is true about vacation leave after a statutory leave in BC?
Signup and view all the answers
Which of the following is NOT included in the reasons for inactive service affecting vacation entitlement?
Which of the following is NOT included in the reasons for inactive service affecting vacation entitlement?
Signup and view all the answers
How much vacation pay is Eli entitled to after earning $25,000/year?
How much vacation pay is Eli entitled to after earning $25,000/year?
Signup and view all the answers
In Alberta, what types of pay are excluded when calculating vacation pay?
In Alberta, what types of pay are excluded when calculating vacation pay?
Signup and view all the answers
What percentage of earnings typically equals to full-time employees' 2 weeks' pay for vacation pay?
What percentage of earnings typically equals to full-time employees' 2 weeks' pay for vacation pay?
Signup and view all the answers
Under which conditions can overtime earnings be included as wages for vacation pay in Alberta?
Under which conditions can overtime earnings be included as wages for vacation pay in Alberta?
Signup and view all the answers
What is the minimum duration of employment required in BC to be eligible for vacation pay?
What is the minimum duration of employment required in BC to be eligible for vacation pay?
Signup and view all the answers
Which of the following is NOT typically included as 'wages' for calculating vacation pay in BC?
Which of the following is NOT typically included as 'wages' for calculating vacation pay in BC?
Signup and view all the answers
Why might employers offer more vacation time and pay than the statutory minimum?
Why might employers offer more vacation time and pay than the statutory minimum?
Signup and view all the answers
What is becoming common for employees with 3 to 5 years of service regarding vacation benefits?
What is becoming common for employees with 3 to 5 years of service regarding vacation benefits?
Signup and view all the answers
What is the maximum duration of maternity leave that a pregnant employee can take according to Alberta’s ESC?
What is the maximum duration of maternity leave that a pregnant employee can take according to Alberta’s ESC?
Signup and view all the answers
What must a pregnant employee do at least six weeks prior to the start of their maternity leave?
What must a pregnant employee do at least six weeks prior to the start of their maternity leave?
Signup and view all the answers
Which of the following leaves is NOT covered under Alberta’s statutory leaves of absence?
Which of the following leaves is NOT covered under Alberta’s statutory leaves of absence?
Signup and view all the answers
Which section of the Jury Act provides employees the right to leave for jury duty?
Which section of the Jury Act provides employees the right to leave for jury duty?
Signup and view all the answers
What is the latest time an employer in Alberta can pay vacation pay after the vacation has commenced?
What is the latest time an employer in Alberta can pay vacation pay after the vacation has commenced?
Signup and view all the answers
Who is responsible for deciding when to start maternity leave according to Alberta’s policies?
Who is responsible for deciding when to start maternity leave according to Alberta’s policies?
Signup and view all the answers
How many days before the start of annual vacation must vacation pay be paid in British Columbia if requested by the employee?
How many days before the start of annual vacation must vacation pay be paid in British Columbia if requested by the employee?
Signup and view all the answers
In Alberta, what can lead to a reduction in an employee's vacation time according to section 44 of the ESC?
In Alberta, what can lead to a reduction in an employee's vacation time according to section 44 of the ESC?
Signup and view all the answers
What is the nature of the leave that an employee is entitled to after taking maternity leave, as outlined in Alberta’s ESC?
What is the nature of the leave that an employee is entitled to after taking maternity leave, as outlined in Alberta’s ESC?
Signup and view all the answers
What happens to vacation credit accumulation during statutory leave in British Columbia?
What happens to vacation credit accumulation during statutory leave in British Columbia?
Signup and view all the answers
Which type of leave allows an employee to take time off due to a critical illness of a child?
Which type of leave allows an employee to take time off due to a critical illness of a child?
Signup and view all the answers
When vacation pay is based on earnings, how is the amount affected by statutory leaves?
When vacation pay is based on earnings, how is the amount affected by statutory leaves?
Signup and view all the answers
What entitlements does an employee retain while on statutory leave?
What entitlements does an employee retain while on statutory leave?
Signup and view all the answers
Which holiday is NOT listed as one of Alberta's nine general holidays?
Which holiday is NOT listed as one of Alberta's nine general holidays?
Signup and view all the answers
What type of holidays are specified in the employment standards legislation as paid days off for employees?
What type of holidays are specified in the employment standards legislation as paid days off for employees?
Signup and view all the answers
According to the definitions in Alberta’s ESC, which of the following is one of the nine general holidays employees are entitled to?
According to the definitions in Alberta’s ESC, which of the following is one of the nine general holidays employees are entitled to?
Signup and view all the answers
What must employers do if they choose to recognize optional general holidays?
What must employers do if they choose to recognize optional general holidays?
Signup and view all the answers
Which of the following days is NOT categorized as an official general holiday in Alberta as of 2024?
Which of the following days is NOT categorized as an official general holiday in Alberta as of 2024?
Signup and view all the answers
What wage is an employee entitled to if a general holiday falls on a normal workday and they did not work that day?
What wage is an employee entitled to if a general holiday falls on a normal workday and they did not work that day?
Signup and view all the answers
What is one of the payment options for employees working on a general holiday?
What is one of the payment options for employees working on a general holiday?
Signup and view all the answers
If an employee works on a day that is not normally a workday and it is a general holiday, how is their holiday pay calculated?
If an employee works on a day that is not normally a workday and it is a general holiday, how is their holiday pay calculated?
Signup and view all the answers
How does Izumi's holiday pay get calculated when she has the day off on a general holiday?
How does Izumi's holiday pay get calculated when she has the day off on a general holiday?
Signup and view all the answers
What type of employees may be required to work on general holidays?
What type of employees may be required to work on general holidays?
Signup and view all the answers
What happens to Owen's pay if he works on a general holiday and it is a day that is not his normal workday?
What happens to Owen's pay if he works on a general holiday and it is a day that is not his normal workday?
Signup and view all the answers
Bill 32 changes the term 'averaging agreements' to 'averaging arrangements' and allows employers to impose them on employees without consent.
Bill 32 changes the term 'averaging agreements' to 'averaging arrangements' and allows employers to impose them on employees without consent.
Signup and view all the answers
Employees in Alberta are required to work 8 hours to qualify for a 30-minute break under the new provisions of Bill 32.
Employees in Alberta are required to work 8 hours to qualify for a 30-minute break under the new provisions of Bill 32.
Signup and view all the answers
Under Bill 32, employers must receive written authorization from an employee before deducting overpayments within six months.
Under Bill 32, employers must receive written authorization from an employee before deducting overpayments within six months.
Signup and view all the answers
Bill 32 allows the averaging of work hours over a span of up to 52 weeks.
Bill 32 allows the averaging of work hours over a span of up to 52 weeks.
Signup and view all the answers
An employee's daily wages for general holidays are calculated based on their wage for the previous month.
An employee's daily wages for general holidays are calculated based on their wage for the previous month.
Signup and view all the answers
The changes made by Bill 32 are viewed by some as protections for worker rights.
The changes made by Bill 32 are viewed by some as protections for worker rights.
Signup and view all the answers
Bill 32 reinstates a previous policy that requires two breaks for employees working 10 hours.
Bill 32 reinstates a previous policy that requires two breaks for employees working 10 hours.
Signup and view all the answers
Under Bill 32, rest periods can be determined solely by the employer without employee input.
Under Bill 32, rest periods can be determined solely by the employer without employee input.
Signup and view all the answers
The employer was justified in deducting $424 for the damage to the van because Hutchins was the only driver.
The employer was justified in deducting $424 for the damage to the van because Hutchins was the only driver.
Signup and view all the answers
In New Brunswick, an employer can make deductions from an employee's wages for business costs if the employee agrees.
In New Brunswick, an employer can make deductions from an employee's wages for business costs if the employee agrees.
Signup and view all the answers
The employer was allowed to deduct the $40 rental cost because Hutchins had requested the use of the van.
The employer was allowed to deduct the $40 rental cost because Hutchins had requested the use of the van.
Signup and view all the answers
An employer in British Columbia has the authority to deduct business costs from an employee's wages.
An employer in British Columbia has the authority to deduct business costs from an employee's wages.
Signup and view all the answers
The case of Hutchins v Atlantic Provincial Security Guard Service Ltd determined that employers can deduct wages for damages without any evidence of employee negligence.
The case of Hutchins v Atlantic Provincial Security Guard Service Ltd determined that employers can deduct wages for damages without any evidence of employee negligence.
Signup and view all the answers
The appropriate remedy for the employer after the unjustified $424 deduction was to sue Hutchins for damages.
The appropriate remedy for the employer after the unjustified $424 deduction was to sue Hutchins for damages.
Signup and view all the answers
The employer's termination of Hutchins for refusing to pay the damages was justified under the Employment Standards Act.
The employer's termination of Hutchins for refusing to pay the damages was justified under the Employment Standards Act.
Signup and view all the answers
When an employer permits an employee to use a company vehicle for personal reasons, they typically assume all liability for potential damages.
When an employer permits an employee to use a company vehicle for personal reasons, they typically assume all liability for potential damages.
Signup and view all the answers
The minimum standards set in legislation can be avoided by mutual agreement between employers and employees.
The minimum standards set in legislation can be avoided by mutual agreement between employers and employees.
Signup and view all the answers
The minimum requirements of the Employment Standards Act are considered implied terms of employment contracts.
The minimum requirements of the Employment Standards Act are considered implied terms of employment contracts.
Signup and view all the answers
Employers are allowed to provide benefits that are lower than those stipulated in the Employment Standards Code.
Employers are allowed to provide benefits that are lower than those stipulated in the Employment Standards Code.
Signup and view all the answers
In British Columbia, appeals regarding Employment Standards decisions are made in the courts.
In British Columbia, appeals regarding Employment Standards decisions are made in the courts.
Signup and view all the answers
Employees in Alberta can choose to bypass the Employment Standards processes and go to court for disputes regarding minimum standards.
Employees in Alberta can choose to bypass the Employment Standards processes and go to court for disputes regarding minimum standards.
Signup and view all the answers
Section 3 of the Alberta Employment Standards Code does not mention civil remedies for employees.
Section 3 of the Alberta Employment Standards Code does not mention civil remedies for employees.
Signup and view all the answers
The Employment Standards Branch is responsible for addressing all violations of employment contracts.
The Employment Standards Branch is responsible for addressing all violations of employment contracts.
Signup and view all the answers
Employees seeking remedies under the Employment Standards Act must file their complaint directly with the employer.
Employees seeking remedies under the Employment Standards Act must file their complaint directly with the employer.
Signup and view all the answers
In BC, employers must grant employees vacation time in periods of only one week or less.
In BC, employers must grant employees vacation time in periods of only one week or less.
Signup and view all the answers
An employee in BC loses the right to take vacation time if they are on a statutory leave.
An employee in BC loses the right to take vacation time if they are on a statutory leave.
Signup and view all the answers
In BC, the employer has the authority to dictate when vacation time must be taken.
In BC, the employer has the authority to dictate when vacation time must be taken.
Signup and view all the answers
Employees in BC only receive vacation pay calculated at 4 percent of their total wages for all periods of employment.
Employees in BC only receive vacation pay calculated at 4 percent of their total wages for all periods of employment.
Signup and view all the answers
Inactive service in BC, such as maternity leave, does not contribute to the 12 months of employment needed for vacation entitlement.
Inactive service in BC, such as maternity leave, does not contribute to the 12 months of employment needed for vacation entitlement.
Signup and view all the answers
Employees are required to take their vacation time immediately after becoming entitled to it.
Employees are required to take their vacation time immediately after becoming entitled to it.
Signup and view all the answers
Once an employee has worked for five consecutive years, their vacation pay increases to 6 percent of their total wages.
Once an employee has worked for five consecutive years, their vacation pay increases to 6 percent of their total wages.
Signup and view all the answers
In Alberta, employers are not allowed to reduce vacation entitlement because of employee absences.
In Alberta, employers are not allowed to reduce vacation entitlement because of employee absences.
Signup and view all the answers
After September 4, 2001, Butler's duties were classified as supervisory duties.
After September 4, 2001, Butler's duties were classified as supervisory duties.
Signup and view all the answers
In Alberta, salaried employees are entitled to overtime pay for working more than 40 hours in a week.
In Alberta, salaried employees are entitled to overtime pay for working more than 40 hours in a week.
Signup and view all the answers
An employee's overtime rate is typically calculated as 1.5 times their hourly rate.
An employee's overtime rate is typically calculated as 1.5 times their hourly rate.
Signup and view all the answers
Thuy is entitled to 6 hours of overtime pay if she works 50 hours in a week.
Thuy is entitled to 6 hours of overtime pay if she works 50 hours in a week.
Signup and view all the answers
In British Columbia, the threshold for overtime pay is 50 hours per week.
In British Columbia, the threshold for overtime pay is 50 hours per week.
Signup and view all the answers
Averaging agreements in BC allow the employer and employee to determine hours of work for overtime calculations.
Averaging agreements in BC allow the employer and employee to determine hours of work for overtime calculations.
Signup and view all the answers
Salaried employees in Alberta are not entitled to overtime pay regardless of the hours worked.
Salaried employees in Alberta are not entitled to overtime pay regardless of the hours worked.
Signup and view all the answers
Thuy's total overtime pay is calculated using her overtime rate multiplied by the number of overtime hours worked.
Thuy's total overtime pay is calculated using her overtime rate multiplied by the number of overtime hours worked.
Signup and view all the answers
An employee in Alberta is entitled to 4 percent of their earnings as vacation pay, which equates to 1 week’s pay.
An employee in Alberta is entitled to 4 percent of their earnings as vacation pay, which equates to 1 week’s pay.
Signup and view all the answers
In British Columbia, wages for the purpose of vacation pay do not include overtime pay.
In British Columbia, wages for the purpose of vacation pay do not include overtime pay.
Signup and view all the answers
Employees in BC must have been employed for at least five calendar days to be entitled to vacation pay.
Employees in BC must have been employed for at least five calendar days to be entitled to vacation pay.
Signup and view all the answers
Employers typically provide at least 4 weeks of vacation time and 8 percent vacation pay for employees with 3 to 5 years of service.
Employers typically provide at least 4 weeks of vacation time and 8 percent vacation pay for employees with 3 to 5 years of service.
Signup and view all the answers
An employee who works only 7 days is entitled to 4 percent of the wages earned during those 7 days as vacation pay.
An employee who works only 7 days is entitled to 4 percent of the wages earned during those 7 days as vacation pay.
Signup and view all the answers
Many sectors are experiencing competition for talent, leading employers to offer less paid time off.
Many sectors are experiencing competition for talent, leading employers to offer less paid time off.
Signup and view all the answers
Vacation pay in Alberta includes holiday pay as part of the calculation for vacation entitlement.
Vacation pay in Alberta includes holiday pay as part of the calculation for vacation entitlement.
Signup and view all the answers
Statutory holidays are considered when calculating vacation pay in Alberta.
Statutory holidays are considered when calculating vacation pay in Alberta.
Signup and view all the answers
Study Notes
Employment Standards Legislation
- Alberta's Employment Standards Code and British Columbia's Employment Standards Act set minimum rights for employees.
- Minimum standards apply to wages, hours of work, statutory or general holidays, overtime pay, vacation, and statutory leaves.
- Protections are available for employees taking statutory leaves, including maternity/pregnancy leave, parental leave, family leave, bereavement leave, compassionate care leave, and reservist/reservists' leave.
- Statutory rights and protections are enforced.
Introduction
- Employment standards legislation establishes minimum terms and conditions of work, including hours of work, overtime, premium pay, statutory holidays, vacation, maternity/pregnancy leave, and parental leave.
- Employers are free to exceed statutory minimums but cannot fall below them.
- Minimum standards are a legal floor, which cannot be bypassed.
- Legislation displaces common law principles.
- The legislation aims to ensure fair wages and working conditions by providing employees with minimum rights.
- It is constantly reviewed and updated by government to respond to social and economic factors.
Chapter 6 (Employment Standards Legislation)
- Bill 32 changes "averaging agreements" to "averaging arrangements" in Alberta, allowing employers to impose them unilaterally.
- The averaging arrangements can impact overtime pay.
- The changes have altered rest periods, increasing the qualifying time frame for rest breaks.
- Overpayments (within 6 months) can be deducted from employee pay without required written authorization.
- Changes to layoff notice periods (increased to 90 days within a 120-day period) have been made in Bill 32.
- BC's Bill 19 introduced 5 paid sick days per calendar year, effective January 1, 2022.
- The changes cover part-time, temporary, and casual employees.
- The rules do not apply to unionized workers if their collective agreements have equivalent provisions.
- There is an option to provide time off in lieu of overtime pay.
- An employee is likely entitled to the same compensation as if they had worked during the leave, plus any raises if applicable, during their leave.
- Employers are not allowed to deduct wages for business costs, unless the employee agrees in writing.
Part II
- Minimum standards are a floor, and individual contracts/agreements cannot lower them.
- The 2008 BC Court of Appeal case Macaraeg v E Care clarifies that minimum statutory requirements are not necessarily implied terms in employment contracts.
- Employess should use their employment standards branch for remedies rather than court.
- Alberta's ESC protects an employee's remedies through the existing relevant civil procedures, such as a claim for overtime or a right at common law.
- In cases of wrongful dismissal, courts often set standards higher than the minimum statutory requirements. (Chapter 13).
- Courts often exceed minimal standards in cases of wrongful dismissal and overtime disputes.
Employer's Ability to Deduct Wages
- Deductions from wages are permitted only under specific statutory provisions (e.g., legal orders, collective agreements, deductions for authorized amounts).
- Employer cannot deduct for faulty workmanship or cash shortages not solely controlled by the employee.
- Employees may agree in writing to certain things including overtime arrangements and business costs.
- An employer can recover mistaken overpayments.
- It is necessary to ensure compliance with all applicable legislation when handling wage deductions related to business expenses or errors.
Wage Statements and Payment
- Employers are mandated to provide detailed wage statements, encompassing both regular and overtime hours, rates, wage components, deductions, and net amounts on or before the employee's payday.
- Wage statements must be provided in writing, or in email format upon approval.
- Alberta and BC legislate minimum pay periods.
Variances from Standard Employment Arrangements
- Alberta's director has discretion to approve variances to employment standards for specific situations, and can amend/revoke approvals.
- BC's Employment Standards Act allows employers/employees to request variances from at least 10 ESA requirements.
Minimum Employment Standards
- Minimum wage is the lowest hourly rate an employer can pay, regardless of employment type (full-time, part-time, or casual).
- It is referenced in each statute's accompanying regulations and is adjusted periodically.
Minimum Reporting Wage
- If an employee is sent home early before completing the minimum work period, they are entitled to either 3 hours pay at minimum wage OR regular wages for the hours worked.
Overtime
- Overtime is generally 1.5 times regular rate after a certain amount (hours/week).
- An employee can elect to take time off in lieu of overtime pay (in BC).
General Holidays (Alberta/BC)
- Alberta and BC have mandatory holidays.
Statutory Leaves of Absence
- Statutory leaves are available for various reasons like maternity/pregnancy, parental, family responsibility, compassionate care, reservists, jury, child disappearance.
- Maternity and Parental Leave entitlements vary depending on jurisdiction and employee experience.
- Compassionate care, critical illness, and domestic violence leaves are available with specific eligibility requirements and qualifications.
- Leaves respecting the death or disappearance of a child are available.
- For these leaves, notice is usually required, although circumstances can alter requirements.
- Employers are restricted from terminating employees on statutory leave.
Right to Reinstatement
- Employers must reinstate an employee to the same or comparable position upon return from a statutory leave, except when there's a legitimate reason for termination unrelated to the leave, and a comparable position no longer exists.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
Test your knowledge on employment laws in Alberta and British Columbia. This quiz covers topics such as overtime regulations, meal breaks, vacation time, and employee entitlements. Get ready to learn about the specific rights and responsibilities of employees and employers in these provinces.
