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Questions and Answers

According to the provided text, how is an online platform worker classified for the purposes of this Act?

  • A contractor.
  • An employee. (correct)
  • A volunteer.
  • A temporary worker.

According to the Act, can online platform workers waive their rights provided?

  • No, the requirements of this Act cannot be waived. (correct)
  • Yes, if they sign a waiver.
  • Yes, but only under specific circumstances.
  • Yes, if both parties agree.

Who is responsible for promoting awareness of this Act?

  • The employers.
  • The employees.
  • The online platform operators.
  • The director. (correct)

What is an employer required to provide to each employee under this Act?

<p>Information about the employee's rights under this Act. (D)</p> Signup and view all the answers

According to the Act, what is an employer prohibited from misrepresenting to potential employees?

<p>The availability of a position. (D)</p> Signup and view all the answers

If an online platform worker accepts work through an online platform, who is considered their employer according to this Act?

<p>The operator of the online platform. (C)</p> Signup and view all the answers

Which of the following does this Act specifically prevent employers from misrepresenting?

<p>The condition of employment. (B)</p> Signup and view all the answers

If an agreement specifies a one-week period, what is the maximum number of work hours allowed for an employee?

<p>40 hours (D)</p> Signup and view all the answers

For hours exceeding 12 in a day, what rate must the employee be paid?

<p>Twice their regular wage (C)</p> Signup and view all the answers

If an agreement specifies more than a one-week period, what is the average maximum number of work hours per week allowed for an employee?

<p>An average of 40 hours (C)</p> Signup and view all the answers

What is required of a person operating an employment agency or talent agency, according to the Employment Standards Act?

<p>They must be licensed under the Act. (B)</p> Signup and view all the answers

Under the Employment Standards Act, who is considered the employer if a producer uses an unlicensed farm labor contractor?

<p>The producer. (B)</p> Signup and view all the answers

For hours exceeding an average of 40 a week, what rate must the employee be paid?

<p>One and a half times their regular wage (A)</p> Signup and view all the answers

If an employer indirectly allows an employee to work more than 12 hours a day, what rate must the employee be paid for the time over 12 hours?

<p>Twice their regular wage (C)</p> Signup and view all the answers

What document must an employer provide to a domestic worker upon hiring them?

<p>A copy of the employment contract. (C)</p> Signup and view all the answers

What action is prohibited for farm labor contractors regarding payments?

<p>Making indirect payments to those for whom their employees work. (B)</p> Signup and view all the answers

According to the Act, what activity is permitted without requiring a license for an employment agency?

<p>Hiring employees exclusively for one employer. (A)</p> Signup and view all the answers

Before acting as a farm labour contractor, what does the Act require?

<p>A license under this Act (A)</p> Signup and view all the answers

For what specific purpose is a person NOT contravening the section regarding farm labour contractors' payments?

<p>Paying for advertisements they placed. (D)</p> Signup and view all the answers

What is a requirement of producers when engaging a farm labour contractor?

<p>The contractor must be licensed. (C)</p> Signup and view all the answers

What document must be provided to a domestic worker when they are employed?

<p>A copy of the employment contract. (D)</p> Signup and view all the answers

In what language must payroll records be kept?

<p>English (C)</p> Signup and view all the answers

Where in British Columbia must payroll records be kept?

<p>At the employer's principal place of business (B)</p> Signup and view all the answers

For how many years must an employer retain payroll records after they are created?

<p>4 years (D)</p> Signup and view all the answers

Who is jointly and separately liable for wages earned by a farm labor contractor's employee?

<p>The producer and the farm labor contractor (B)</p> Signup and view all the answers

Under what condition is a producer NOT jointly and separately liable for a farm labor contractor's unpaid wages?

<p>The contractor is licensed under this Act. (B)</p> Signup and view all the answers

What must a producer satisfy the director of in order to not be liable for a farm labor contractor's unpaid wages?

<p>The producer paid the farm labor contractor for wages earned by each employee. (B)</p> Signup and view all the answers

If a farm labor contractor's license is expired, who is liable for any unpaid wages?

<p>The producer and the farm labor contractor (C)</p> Signup and view all the answers

What is the stipulation regarding the payment of wages that removes liability from the producer?

<p>That the producer paid the farm contractor for wages earned. (B)</p> Signup and view all the answers

If a farm labor contractor is properly licensed, what are the conditions for a producer to be liable for wages?

<p>If the producer does not pay the farm labor contractor for wages earned by each employee. (C)</p> Signup and view all the answers

Who is responsible for ensuring that a farm labor contractor gets a license?

<p>The farm labor contractor (B)</p> Signup and view all the answers

What action can the director take if a farm labor contractor doesn't pay the administrative fee?

<p>All of the above (D)</p> Signup and view all the answers

Under what condition can an employer withhold gratuities from an employee?

<p>If required by a law of British Columbia or Canada (D)</p> Signup and view all the answers

What is an employer prohibited from doing with an employee's gratuities?

<p>All of the above (D)</p> Signup and view all the answers

If a farm labor contractor fails to pay the required administrative fee, the director may:

<p>Suspend the contractor's license. (D)</p> Signup and view all the answers

What happens when the director files a notice with the Supreme Court regarding unpaid fees?

<p>The notice is enforceable as a court judgment. (D)</p> Signup and view all the answers

Which of the following is NOT a permitted action regarding employee gratuities?

<p>Requiring an employee to return gratuities to cover business losses. (B)</p> Signup and view all the answers

If an employer is required by a court order to withhold gratuities, can they do so?

<p>Yes, they are authorized to do so. (A)</p> Signup and view all the answers

What must an employer NOT do with an employee's gratuities, according to the content?

<p>All of the above (D)</p> Signup and view all the answers

What is the primary consequence for a farm labor contractor who does not pay their administrative fee?

<p>Suspension of their license. (C)</p> Signup and view all the answers

Under what circumstance is an employer permitted to deduct gratuities from an employee's pay?

<p>When required by a law of British Columbia. (A)</p> Signup and view all the answers

Under what condition can a sole proprietor employer share in redistributed gratuities?

<p>If they regularly perform, to a substantial degree, the same work as the employees sharing the gratuities. (C)</p> Signup and view all the answers

In which scenario can a director or shareholder of a company participate in the redistribution of employee gratuities?

<p>When they perform the same work, to a substantial degree, as the employees sharing the gratuities. (D)</p> Signup and view all the answers

What is the mandatory requirement concerning meal breaks for employees?

<p>Employers must ensure no employee works more than 5 consecutive hours without a meal break of at least 1/2 hour. (A)</p> Signup and view all the answers

If an employer requires an employee to work during their meal break, how is that time classified?

<p>It is counted as time worked and must be paid. (C)</p> Signup and view all the answers

A company director substantially performs the same duties as the employees who share gratuities; however, they also receive a substantial director's bonus. Can they share in the gratuities?

<p>Yes, the method of additional compensation is irrelevant as long as they are contributing to the work. (A)</p> Signup and view all the answers

Which of the following scenarios best describes a situation where an individual would be considered an 'employee' under the Employment Standards Act?

<p>A trainee receiving wages while learning skills specific to the business operations of their employer. (B)</p> Signup and view all the answers

Under what condition could a person be considered an 'employer' under the Employment Standards Act, even if they don't directly hire the employee?

<p>If they have indirect responsibility for managing the employee. (C)</p> Signup and view all the answers

In which of the following situations would a person be classified as a 'domestic worker' according to the Employment Standards Act?

<p>A nanny providing childcare services at an employer's home. (A)</p> Signup and view all the answers

A company subcontracts its agricultural work to another company. What factor would classify the subcontracted company as a 'farm labour contractor' under the Employment Standards Act?

<p>The employees of the subcontracted company work under the direction of the first company. (C)</p> Signup and view all the answers

If an employee's shift starts at 10:00 PM and continues until 6:00 AM the next morning, how does the Employment Standards Act define the 'day' for the purposes of calculating overtime?

<p>The 'day' starts at 10:00 PM and ends at 10:00 PM the next evening. (B)</p> Signup and view all the answers

Which scenario accurately describes the role of an 'employment agency' as defined in the Employment Standards Act?

<p>A firm that charges employers a fee to recruit potential employees. (B)</p> Signup and view all the answers

What is the main distinction between an 'employee' and an independent contractor regarding the application of the Employment Standards Act?

<p>The Act applies to employees because they are 'receiving or entitled to wages for work performed for another', but typically does not apply to independent contractors. (D)</p> Signup and view all the answers

What component in the formula for adjusting minimum wage represents the consumer price index for the year prior to the immediately preceding calendar year?

<p>Index B (C)</p> Signup and view all the answers

Under what circumstance does the formula for adjusting the minimum wage NOT apply to the minimum wage?

<p>When the adjustment is related to section 16.1 (1) or (2) and results in a decrease in the minimum wage. (D)</p> Signup and view all the answers

According to the Act, what is the responsibility of the minister regarding adjusted minimum wages?

<p>To publish the adjusted minimum wages on a publicly accessible website. (B)</p> Signup and view all the answers

What is the mandated frequency for employers to pay wages to their employees, as stipulated by the Employment Standards Act?

<p>Semimonthly, within 8 days after the pay period ends. (A)</p> Signup and view all the answers

Under what condition can an employer provide an employee's wage statement electronically?

<p>If the employer provides confidential workplace access to the statement and a means to create a paper copy. (B)</p> Signup and view all the answers

Which type of payment is NOT required to adhere to the semimonthly payday rule?

<p>Vacation pay. (B)</p> Signup and view all the answers

An employee's regular pay period ends on Friday, January 12th. By what date must the employer pay the employee their wages?

<p>Monday, January 22nd (D)</p> Signup and view all the answers

If a wage statement remains identical to the previous pay period's statement, what action must an employer take?

<p>The employer does not need to provide another wage statement until there is a change. (D)</p> Signup and view all the answers

According to the Act, what employee information must an employer record, regardless of how the employee is paid?

<p>The hours worked by the employee on each day. (D)</p> Signup and view all the answers

How does the Employment Standards Act ensure that minimum wage adjustments keep pace with economic changes?

<p>By indexing adjustments to the consumer price index. (C)</p> Signup and view all the answers

Which of the following is a required component of payroll records for each employee?

<p>The employee's gross and net wages for each pay period. (D)</p> Signup and view all the answers

An employer uses a time bank system for overtime. When must the employer pay out the overtime wages?

<p>According to the agreement for the time bank. (C)</p> Signup and view all the answers

If a domestic worker's actual hours exceed those in their employment contract, how must the employer account for these extra hours?

<p>The employer must add those hours directly to the hours worked during that pay period, according to the employment contract. (B)</p> Signup and view all the answers

Why does the Employment Standards Act mandate the minister to publish adjusted minimum wages on a public website?

<p>To ensure transparency and accessibility of wage information. (C)</p> Signup and view all the answers

What information must be provided to the director for the register of employees working in private residences?

<p>Any information required for establishing and maintaining the register, as specified in the regulations. (D)</p> Signup and view all the answers

What specific information about statutory holidays must an employer record?

<p>The employer must record dates of the statutory holidays, and amounts paid to the employees. (C)</p> Signup and view all the answers

If the consumer price index decreases, what prevents the adjusted minimum wage from also decreasing, according to the formula?

<p>A stipulation that adjustments cannot result in a lower minimum wage than the previous one. (B)</p> Signup and view all the answers

Besides the dates taken, what other details about annual vacation must an employer record?

<p>The amounts paid to the employee, the days taken and the days and amount of money owing. (A)</p> Signup and view all the answers

Under what conditions can an employer deduct from an employee's wages to comply with minimum wage requirements?

<p>An employer must not, directly or indirectly, withhold, deduct or require payment of all or part of an employee's wages in a pay period to comply with minimum wage. (C)</p> Signup and view all the answers

What specific details about an employee's 'time bank' are required to be recorded by the employer?

<p>How much money the employee has taken from the employee's time bank, how much remains, the amounts paid and dates taken. (B)</p> Signup and view all the answers

Which of the following must be clearly stated in the copy of the employment contract provided to a domestic worker?

<p>The duties the domestic worker is to perform, the hours of work, the wages, and the charges for room and board, if applicable. (B)</p> Signup and view all the answers

Aside from wage rate, what additional factors relating to an employee's wages must be recorded??

<p>Whether paid hourly, on a salary basis or on a flat rate, piece rate, commission or other incentive basis. (B)</p> Signup and view all the answers

What is the standard minimum wage per hour, as stipulated?

<p>$16.75 (C)</p> Signup and view all the answers

What information concerning benefits paid to an employee must be recorded?

<p>A breakdown of each benefit paid to the employee by the employer. (D)</p> Signup and view all the answers

Under what circumstances might the minimum wage differ from the standard rate?

<p>For a prescribed class of employees, as specified in the regulations. (A)</p> Signup and view all the answers

What specific information about deductions from an employee's wages is mandated to be recorded?

<p>Each deduction made from the employee's wages and the exact reason for it. (A)</p> Signup and view all the answers

What is the implication if an employer requires a domestic worker to work hours beyond those specified in their employment contract?

<p>The employer must add these hours to the total hours worked during that pay period. (B)</p> Signup and view all the answers

What information must be provided pertaining to employees working in private residences?

<p>Information for establishing and maintaining a register of employees, in accordance with the regulations. (D)</p> Signup and view all the answers

An employer is found to have indirectly deducted a portion of an employee's wages to comply with minimum wage in another pay period. What ramifications does this employer face?

<p>The employer may face penalties for violating minimum wage standards, even if the deduction was indirect. (C)</p> Signup and view all the answers

Under what circumstance cannot a director or shareholder of a company share in redistributed employee gratuities?

<p>When the director performs the same work as the employees, but receives a substantial director's bonus. (D)</p> Signup and view all the answers

A sole proprietor, who owns a local bakery and regularly works alongside their employees making and selling baked goods, seeks to participate in the gratuity redistribution. Which condition would prevent them from legally sharing in the redistributed gratuities?

<p>The sole proprietor's primary role involves strategic business planning rather than daily baking and selling activities. (D)</p> Signup and view all the answers

An employee is required to be available for work during their meal break due to the nature of their role. How must the employer compensate the employee for this time?

<p>The employer must count the meal break as time worked and compensate the employee accordingly. (C)</p> Signup and view all the answers

An employer has a policy where employees work for six consecutive hours before being provided a meal break. What is the employer's responsibility to align with employment standards?

<p>The employer must adjust the schedule so that employees receive a meal break before working more than five consecutive hours. (A)</p> Signup and view all the answers

An employer mandates that their employees take a 45-minute meal break after no more than 5 hours of work; however, employees are required to answer phone calls and respond to urgent emails during this time. How should this meal break be classified under the Employment Standards Act?

<p>The entire 45-minute break must be classified as time worked and compensated accordingly. (D)</p> Signup and view all the answers

What is the primary factor the Lieutenant Governor in Council considers when defining 'light work' for 14 and 15-year-olds?

<p>Whether the work is unlikely to be harmful to the health or development of the child. (C)</p> Signup and view all the answers

Under what specific circumstance is the employment of a 15 year old permissible without requiring permission from the director?

<p>If the work is deemed light work and the parent or guardian provides written consent. (A)</p> Signup and view all the answers

If the director permits the employment of a child under 14, what additional obligation is placed upon the employer?

<p>Complying with any conditions of employment set by the director. (D)</p> Signup and view all the answers

How is a 'hazardous industry' defined in relation to the employment of individuals under 16 years of age?

<p>An industry prescribed by the Lieutenant Governor in Council as likely to be harmful to the health, safety, or morals of a person under 16. (A)</p> Signup and view all the answers

In addition to health and safety, what third aspect does the Lieutenant Governor in Council consider when defining ‘hazardous work’?

<p>The morals of a person under 16 years of age. (D)</p> Signup and view all the answers

What is the legal consequence if an employer fails to comply with the conditions of employment set by the director for a child employee?

<p>The employer is contravening employment standards. (A)</p> Signup and view all the answers

Under what condition can work typically considered 'hazardous' be permitted for a 15-year-old?

<p>If the director provides explicit permission, possibly with specific conditions attached. (A)</p> Signup and view all the answers

What is the underlying principle that guides the regulations concerning the employment of children?

<p>Protecting children's well-being, health, and development while allowing some employment opportunities under strict conditions. (C)</p> Signup and view all the answers

What is the key distinction between ‘light work’ and other types of work regarding the employment of 14 and 15 year olds?

<p>Light work only requires parental consent, while other work requires the director’s permission. (B)</p> Signup and view all the answers

Under what condition does a collective agreement's provision regarding seniority retention supersede Section 63 of the Employment Standards Act?

<p>If the collective agreement's provisions, when considered together, meet or exceed the requirements of Section 63 of the Act. (B)</p> Signup and view all the answers

What is the primary criterion for a collective agreement’s provisions regarding hours of work or overtime to replace Part 4 of the Employment Standards Act for the employees it covers?

<p>The provisions of the collective agreement considered together, meet or exceed the requirements of Part 4 of the Act. (A)</p> Signup and view all the answers

Which statutory holiday is NOT subject to replacement by collective agreement provisions, according to subsection (2.1)?

<p>National Day for Truth and Reconciliation. (A)</p> Signup and view all the answers

In the context of special clothing, what is the effect of a collective agreement provision that aligns with Section 25(1) of the Employment Standards Act?

<p>The collective agreement terms replace the requirements of Section 25(1) if the agreement's provisions meet or exceed those requirements. (C)</p> Signup and view all the answers

If a collective agreement offers benefits regarding annual vacation that are, overall, less favourable to employees than Part 7 of the Employment Standards Act, how does the Act apply?

<p>The collective agreement's vacation provisions are superseded by Part 7 of the Employment Standards Act. (D)</p> Signup and view all the answers

When would provisions in a collective agreement regarding statutory holidays NOT replace Part 5 of the Employment Standards Act?

<p>If the statutory holiday is the National Day for Truth and Reconciliation. (A)</p> Signup and view all the answers

How does the Employment Standards Act address a conflict between its provisions and those of a collective agreement?

<p>The Act takes precedence unless the collective agreement, as a whole, offers superior or equal protection to employees regarding specific matters covered by the Act. (B)</p> Signup and view all the answers

Under what circumstance is an employer required to submit an employee's unpaid wages to the director?

<p>When an employee's whereabouts are unknown, preventing wage payment within 60 days of the pay date. (C)</p> Signup and view all the answers

What legal effect does the director's receipt have regarding an employer's liability for wages?

<p>The receipt serves as evidence of partial payment, reducing the employer's liability by the amount stated. (A)</p> Signup and view all the answers

What is the director required to do with an employee's wages if the employee remains unlocatable after one year?

<p>Transfer the wages to the administrator as per the Unclaimed Property Act. (B)</p> Signup and view all the answers

Following the director's transfer of unclaimed wages to the administrator, how are these funds classified under the Unclaimed Property Act?

<p>As an unclaimed money deposit. (C)</p> Signup and view all the answers

An employer terminates an employee. What is the mandatory deadline for the employer to pay all outstanding wages?

<p>Within 48 hours of the termination date. (A)</p> Signup and view all the answers

An employee resigns from their position. By what time frame must the employer provide all wages owing?

<p>Within 6 days after the employee ends their employment. (C)</p> Signup and view all the answers

What is the role of the 'administrator' as it is referenced in the section regarding unclaimed wages?

<p>To manage and administer unclaimed property as defined in the <em>Unclaimed Property Act</em>. (D)</p> Signup and view all the answers

An employer remits unclaimed wages to the director because they cannot locate a former employee. What should the employer receive as confirmation of this action?

<p>A receipt from the director acknowledging the wage payment. (C)</p> Signup and view all the answers

An employer terminates an employee, but due to a payroll system error, a portion of the wages are not paid on time. What is the employer's ongoing obligation?

<p>The employer must pay the outstanding wages as soon as the error is discovered, even beyond the initial 48-hour period. (A)</p> Signup and view all the answers

If an employer pays wages to the director because they cannot locate an employee, and the director subsequently finds the employee and disburses the wages, can the employer be held liable if the employee claims they were shorted?

<p>No, the employer's liability is fully discharged upon receiving the director's receipt, regardless of any later claims. (B)</p> Signup and view all the answers

What is the implication if the application of the minimum wage adjustment formula results in a lower minimum wage than the previous year?

<p>The minimum wage remains the same as the previous year. (D)</p> Signup and view all the answers

What is the specific criteria for the time frame within which an employer must pay an employee their earned wages?

<p>At least semimonthly and within 8 days after the end of the pay period. (A)</p> Signup and view all the answers

For which of the following types of payments does the requirement to pay wages at least semi-monthly NOT apply?

<p>Vacation pay. (A)</p> Signup and view all the answers

In the formula for adjusted minimum wage, what does 'Index A' specifically represent?

<p>The consumer price index for the immediately preceding calendar year. (D)</p> Signup and view all the answers

What action is the minister mandated to perform regarding the adjusted minimum wages?

<p>Publish the adjusted minimum wages on a publicly accessible website. (D)</p> Signup and view all the answers

If an employee has overtime wages credited to a 'time bank', when are those wages required to be paid out?

<p>The content does not specify when these wages must be paid out. (A)</p> Signup and view all the answers

Which element serves as the baseline for calculating the adjusted minimum wage?

<p>The minimum wage that applied immediately before the adjustment. (A)</p> Signup and view all the answers

What is the role of the 'consumer price index' in the process of adjusting the minimum wage?

<p>It is used as a multiplier to adjust the minimum wage. (D)</p> Signup and view all the answers

In the context of the minimum wage adjustment formula, what period does 'Index B' refer to?

<p>The consumer price index for the calendar year immediately preceding the year referred to in Index A. (A)</p> Signup and view all the answers

If an employer operates on a weekly pay period, how soon after the week's end must wages be paid?

<p>Within 8 days of the pay period's conclusion. (D)</p> Signup and view all the answers

An agricultural cooperative engages a farm labor contractor for harvesting. The contractor is properly licensed, but due to an oversight in their accounting department, the cooperative fails to remit the full amount invoiced for employee wages. Instead, they remit 95% of the invoiced amount, shortchanging the employees. Subsequent to this, the farm labor contractor declares bankruptcy before paying the workers. Can the director still pursue the producer for the unpaid wages?

<p>Yes, the director can pursue the producer because the producer did not fully pay the farm labor contractor for all wages earned by the employees. (D)</p> Signup and view all the answers

A winery contracts a farm labor contractor to prune vines. The agreement stipulates payment based on completed acreage rather than hourly wages. The contractor, although licensed, fails to accurately track individual employee hours, resulting in some workers effectively earning below minimum wage. If these employees bring a claim for unpaid wages against the producer, what is the likely outcome?

<p>The producer is jointly and separately liable because, regardless of the payment structure, the employees did not receive the minimum wage, and it's the producer's responsibility to verify wage compliance. (C)</p> Signup and view all the answers

A farm labor contractor's license expires on June 30th. A producer, unaware of the expiry, continues to utilize their services through July 15th. The contractor fails to pay employees for work performed during this two-week period in July. What is the extent of the producer's liability for these unpaid wages?

<p>The producer is fully liable for all unpaid wages incurred during the period the contractor was unlicensed. (A)</p> Signup and view all the answers

A BC-based agricultural operation utilizes a farm labor contractor. The contractor subcontracts a portion of the labor to an unlicensed third party, who then fails to pay their workers. What is the legal standing regarding liability for the unpaid wages?

<p>Both the original BC-based farm labor contractor <em>and</em> the producer are jointly and separately liable. (A)</p> Signup and view all the answers

Consider a scenario in which a producer prepays a licensed farm labor contractor for a season's worth of labor costs. Halfway through the season, the contractor absconds with the remaining funds and fails to pay the workers for their most recent two weeks of work. Despite the prepayment, can the producer still be held liable for these unpaid wages?

<p>Yes, the producer is liable if they cannot demonstrate that the prepayment was explicitly designated and tracked for employee wages. (D)</p> Signup and view all the answers

Given the Employment Standards Act, RSBC 1996, c 113's copyright belonging to the King's Printer, what implications arise regarding derivative works, such as summaries or adaptations of the Act, created by third parties for commercial purposes?

<p>The King's Printer retains exclusive copyright over the Act, thereby strictly prohibiting any unauthorized commercial exploitation, including the creation of derivative works without explicit permission. (A)</p> Signup and view all the answers

Considering the Employment Standards Act, RSBC 1996, c 113 is current to September 17, 2024, how would a labor law expert contextualize the relevance of judicial precedents and interpretations established prior to this date, particularly when analyzing novel or ambiguous provisions of the Act?

<p>While earlier precedents remain relevant, their applicability is contingent upon the specific factual and legal matrices, necessitating a contextual evaluation to determine their persuasive weight in contemporary adjudications. (B)</p> Signup and view all the answers

Given that the Employment Standards Act, RSBC 1996, c 113, is current to January 28, 2025, according to the BC Laws site, and the Tables of Legislative Changes indicate legislative history up to September 17, 2024, how should legal practitioners reconcile this discrepancy when advising clients on compliance matters?

<p>Practitioners must rigorously compare both sources, grounding any legal counsel upon the most recent version, while concurrently accounting for amendments, effectively managing temporal discrepancies. (D)</p> Signup and view all the answers

Assuming the citation provided for the Employment Standards Act, RSBC 1996, c 113, retrieved on 2025-02-11, is used in a legal brief, what is the most critical consideration regarding the accuracy and reliability of this citation, especially considering that the statute is only current to 2025-01-28 according to the BC Laws site?

<p>The retrieval date is critical as it establishes the version of the statute used, requiring cross-validation with the legislative history to confirm all amendments until 2025-02-11 are considered, thereby ensuring comprehensive legal analysis. (C)</p> Signup and view all the answers

Given the Employment Standards Act, RSBC 1996, c 113, is accessible via a CanLII link, what meta-legal considerations arise regarding the application of 'access to justice' principles, particularly for vulnerable populations with limited digital literacy or internet access?

<p>Reliance on digital access through CanLII disproportionately disadvantages vulnerable populations, necessitating supplementary measures like physical copies and community-based legal assistance to align with access to justice principles. (D)</p> Signup and view all the answers

Considering the Employment Standards Act, RSBC 1996, c 113, what are the procedural and evidentiary implications if a party in a legal dispute attempts to rely on a version of the Act accessed through the provided CanLII link, but the opposing party alleges that the version is not current or complete?

<p>The burden of proof is on the party challenging the CanLII version to demonstrate its inaccuracy through definitive evidence, such as an official government publication or certified legislative record. (B)</p> Signup and view all the answers

Given the Employment Standards Act, RSBC 1996, c 113, is current to September 17, 2024, assess the implications for a legal professional advising a client on a case arising from events that occurred between September 18, 2024, and January 28, 2025 (the currency date of another referenced source, the BC Laws site).

<p>Advise the client that the legal position is inherently uncertain, requiring a comprehensive analysis of potential legislative changes, and proactively seek clarification from legislative counsel regarding unpublished amendments. (D)</p> Signup and view all the answers

Under what specific circumstance does a collective agreement provision concerning annual vacation or vacation pay effectively supersede Part 7 of the Employment Standards Act for unionized employees?

<p>If the provisions in the collective agreement, when assessed holistically, offer benefits that are commensurate with or surpass the entitlements mandated by Part 7 of the Act. (A)</p> Signup and view all the answers

Given the allowance for collective agreements to supersede specific sections of the Employment Standards Act (ESA), what overarching principle dictates whether the conditions of a collective agreement regarding special clothing are considered to 'meet or exceed' the standards outlined in Section 25(1) or (2) of the ESA?

<p>The collective agreement provisions must ensure that employees are provided with special clothing that is equivalent or superior in terms of protective function, suitability for the work environment, and durability, relative to the minimum requirements outlined in the ESA. (D)</p> Signup and view all the answers

Under what specific circumstances can provisions within a collective agreement relating to 'hours of work or overtime' legitimately supersede the stipulations outlined in Part 4 of the Employment Standards Act?

<p>When the aggregate value of the 'hours of work or overtime' provisions within the collective agreement, assessed holistically, are comparable with or surpass employee protections mandated under Part 4. (A)</p> Signup and view all the answers

How is the determination made regarding whether stipulations within a collective agreement pertaining to seniority retention, recall, termination of employment, or layoff meet or exceed the requirements delineated in Section 63 of the Employment Standards Act?

<p>When the provisions, assessed in totality, either match or surpass the protections and benefits afforded to employees pursuant to Section 63 of the Employment Standards Act concerning retention, recall, etc. (A)</p> Signup and view all the answers

In the context of a unionized workplace governed by a collective agreement, what legal recourse exists for an employee who alleges that their employer has violated the provisions concerning 'seniority retention' as outlined in Section 63 of the Employment Standards Act, despite the existing collective agreement?

<p>The employee must initially exhaust all internal grievance mechanisms as stipulated within the collective agreement, culminating in binding arbitration if unresolved, prior to seeking any external adjudication. (C)</p> Signup and view all the answers

What is the legal implication if a collective agreement, in attempting to supersede Part 5 of the Employment Standards Act regarding statutory holidays, contains a clause that diminishes or eliminates entitlements specifically related to the National Day for Truth and Reconciliation?

<p>Such a clause would be rendered null and void, with the statutory holiday entitlements as prescribed in Part 5 of the Act, inclusive of the National Day for Truth and Reconciliation, remaining fully applicable. (C)</p> Signup and view all the answers

In a scenario where a collective agreement's provisions regarding statutory holidays offer a significantly enhanced set of benefits that are demonstrably more favorable than those mandated by Part 5 of the Employment Standards Act, how does this influence the entitlements specifically concerning the National Day for Truth and Reconciliation?

<p>Notwithstanding the enhanced benefits afforded by the collective agreement, Section 2.1 mandates that the statutory entitlements as prescribed in Part 5 of the Employment Standards Act, relative to the National Day for Truth and Reconciliation, persist unaffected. (A)</p> Signup and view all the answers

When a collective agreement contains a provision that mandates the provision of 'special clothing,' stipulating that the employer shall furnish flame-retardant coveralls for employees engaged in welding activities, how is this provision evaluated in relation to Section 25(1) of the Employment Standards Act?

<p>It aligns with Section 25(1) if the coveralls are appropriate for the conditions. (D)</p> Signup and view all the answers

How does the legislative framework reconcile potential conflicts when a collective agreement contains provisions addressing layoff procedures and seniority retention, but those provisions are perceived as less generous than those mandated under Section 63 of the Employment Standards Act?

<p>Disparities in generosity do not dictate primacy; rather, the standard for superiority lies in whether the provisions, viewed holistically, provide equivalent protections to the collective agreement and Section 63. (B)</p> Signup and view all the answers

Given competing applications for child employment permits, which factor would the director prioritize when setting conditions of employment under section 9(3)?

<p>The specific mitigation strategies proposed by the employer to counteract identified risks to the child's health, development, and education. (D)</p> Signup and view all the answers

Under what complex scenario could a director's permission for employing a child under 14 be revoked post facto, despite initial compliance with section 9(2)(a)?

<p>If previously unknown evidence surfaces indicating the employment is causing undue psychological stress to the child, demonstrably hindering their cognitive development. (C)</p> Signup and view all the answers

In a situation where a 15-year-old is employed in a role initially deemed 'light work', what latent condition might retrospectively trigger the necessity for the director's permission under section 9(2)(b)(ii)?

<p>The workload gradually increases, unbeknownst to the employer, due to the cumulative effect of minor tasks exceeding the originally defined 'light work' scope. (B)</p> Signup and view all the answers

What is the most critical, yet often overlooked, factor that the Lieutenant Governor in Council must evaluate when prescribing industries as 'hazardous' under section 9.1(1)?

<p>The subtle, long-term psychological effects on individuals under 16 exposed to the industry's prevailing social dynamics and ethical compromises. (A)</p> Signup and view all the answers

Considering the intersection of sections 9 and 9.1, under what specific, meticulously documented conditions could a 15-year-old be exceptionally authorized to perform work normally classified as 'hazardous'?

<p>If the work is an integral component of a highly specialized, accredited apprenticeship program, incorporating rigorous safety protocols, psychological support, and intensive supervision exceeding industry norms. (C)</p> Signup and view all the answers

How should an adjudicator interpret the silence of the Act regarding the specific criteria for parental or guardian consent required under section 9(2)(b)(i)?

<p>The consent's validity hinges solely on it being demonstrably informed and freely given, irrespective of its format or formality. (D)</p> Signup and view all the answers

A hypothetical employer permits a 14-year-old to engage in 'light work' after securing parental consent, but subsequently modifies the work's complexity without seeking further approval. Which legal principle is MOST directly contravened?

<p>The principle of <em>uberrimae fidei</em>, requiring utmost good faith and transparency in all employment-related dealings with minors. (D)</p> Signup and view all the answers

In what nuanced scenario would an employer's seemingly compliant adherence to the director's conditions of employment under section 9(4) ironically constitute a de facto violation of the Act?

<p>The employer complies with stipulated working hours but fails to account for 'shadow work' performed by the child outside of scheduled times, such as preparatory tasks or post-shift cleanup. (B)</p> Signup and view all the answers

What specific legal recourse exists if an employer demonstrably and willfully misrepresents the nature of 'light work' to induce parental consent under section 9(2)(b)(i), concealing inherent risks?

<p>The parent or guardian can initiate a civil action predicated on fraudulent inducement, potentially seeking rescission of the employment agreement and punitive damages. (A)</p> Signup and view all the answers

A director sets conditions for a 14-year-old, but the child appears to understand the safety requirements, however, they sign language comprehension is limited. What responsibility does the company have?

<p>Full responsibility - the company must engage an expert to show they fully understand, as the child may be vulnerable. (C)</p> Signup and view all the answers

A newly incorporated recruitment firm specializing in placing workers in high-risk construction sites implements a policy of only hiring individuals aged 19 or older, irrespective of prior certifications or hazard training. Under what narrowly defined circumstances could this policy be construed as a violation of Section 9(2) of the Employment Standards Act?

<p>If the policy disproportionately affects a protected group under the Human Rights Code, and the age restriction cannot be justified as a bona fide occupational requirement related to safety, potentially contravening the spirit of the Act. (D)</p> Signup and view all the answers

An unlicensed talent agency, operating as a sole proprietorship, secures a lucrative contract to manage stunt performers for a major film production. The agency owner, citing industry standard practice, levies a 'placement fee' equivalent to 10% of the performers' gross earnings for the first year. If such a fee is levied, what legal recourse is available to the stunt performers?

<p>The placement fee is deemed wages owing, and the stunt performers can pursue a claim under the Employment Standards Act for recovery of the fee, potentially leading to penalties against the agency. (D)</p> Signup and view all the answers

A privately held Employment Agency (EA) is contracted by a tech firm to recruit software engineers. The EA, struggling financially, covertly enters into a side agreement with an offshore outsourcing company whereby they receive a commission for each candidate they fail to place with the tech firm but successfully refer to the outsourcing company. How does this arrangement potentially contravene Section 11(1) of the Employment Standards Act?

<p>The EA’s action is a direct violation because the commission constitutes an indirect payment for assisting in obtaining alternative employment for someone else, irrespective of the final employment terms. (B)</p> Signup and view all the answers

An agricultural corporation seeks to hire seasonal workers for its upcoming harvest. It contracts with 'Agri-Solutions Inc.,' who subsequently subcontracts the labor recruitment to several smaller, independent recruiters. Agri-Solutions Inc. fails to conduct due diligence and hires a recruiter known for exploitative practices. If this recruiter violates Section 10 by charging workers a fee for employment, under what legal framework could the agricultural corporation be held accountable?

<p>The agricultural corporation could be held jointly and severally liable for the recruiter's violations, particularly if Agri-Solutions Inc. is deemed an unlicensed farm labor contractor due to its subcontracting activities. (D)</p> Signup and view all the answers

A tech startup, 'InnovateTech,' hires a group of interns, classifying them as 'trainees' under a specialized program and paying them a stipend significantly below minimum wage. InnovateTech argues that the program provides invaluable industry experience and specialized training, thus exempting them from standard wage regulations. If the interns challenge this classification under the Employment Standards Act, what would be the most critical factor in determining whether InnovateTech is in violation?

<p>Whether the 'training' primarily benefits the interns' educational or career development versus primarily benefiting InnovateTech’s operational needs is the most critical factor to determine if InnovateTech is in violation. (C)</p> Signup and view all the answers

Zenith Solutions, a software development firm, frequently hires junior developers on a project basis. These developers often work remotely and set their own hours, billing Zenith for completed tasks. Zenith classifies these workers as independent contractors and, therefore, does not provide them with statutory holiday pay. Under what circumstances could this classification be successfully challenged under the Employment Standards Act?

<p>If Zenith provides detailed specifications for each task, mandates specific technologies, and closely monitors the developers' progress, the classification may be challenged due to indicators of an employer-employee relationship. (C)</p> Signup and view all the answers

EcoClean, a cleaning service company, employs a team of cleaners, including recent immigrants with limited English proficiency. EcoClean requires its employees to purchase their cleaning supplies from the company at a markup, deducting the cost directly from their wages. Assuming this practice brings their effective wage below the minimum wage, what recourse do the employees have under the ESA?

<p>The employees can file a complaint with the ESA, seeking recovery of the deducted amounts and potential penalties against EcoClean for violating minimum wage provisions. (D)</p> Signup and view all the answers

Global Textiles, a clothing manufacturer, outsources part of its production to a smaller, independent sewing shop. Workers in the sewing shop are paid significantly less than minimum wage, work in unsafe conditions, and are subjected to illegal deductions for damaged garments. If the sewing shop fails to rectify these violations, under what circumstances could Global Textiles be held liable under the ESA?

<p>Global Textiles could be held jointly and severally liable if they knew or should have known about the violations and exerted sufficient control over the sewing shop's operations. (D)</p> Signup and view all the answers

A prominent construction firm hires day laborers through a mobile app-based platform that classifies workers as 'independent contractors.' The workers are dispatched to various job sites, use the firm's tools and equipment, and receive payment based on hourly rates dictated by the platform. If these workers seek to claim employee status under the Employment Standards Act, what is the most compelling factor that would support their claim?

<p>Their lack of control over work assignments and the requirement to use the firm's equipment is the most compelling factor in supporting their claim as employee status (D)</p> Signup and view all the answers

A high-end restaurant implements a 'skills enhancement' charge directed to all their employees, including dishwashers, servers, and chefs. These deductions offset costs associated with monthly workshops on wine pairing, advanced cooking techniques, and customer service excellence led by external consultants. If these deductions cause some employees' net wages to fall below the provincial minimum wage, how would the Employment Standards Act likely view this situation?

<p>The ESA views any mandatory deduction that causes wages to fall below minimum wage as a violation, regardless of the perceived benefit to the employee. (A)</p> Signup and view all the answers

According to the content, collective agreements can replace requirements of the Employment Standards Act regarding special clothing.

<p>True (A)</p> Signup and view all the answers

Part 6 of the Act is related to hours of work or overtime.

<p>False (B)</p> Signup and view all the answers

Collective agreements can replace requirements related to seniority retention.

<p>True (A)</p> Signup and view all the answers

Part 7 of the Employment Standards Act pertains to statutory holidays.

<p>False (B)</p> Signup and view all the answers

The content states collective agreements cannot modify annual vacation entitlements.

<p>False (B)</p> Signup and view all the answers

Section 63 is related to special clothing.

<p>False (B)</p> Signup and view all the answers

Collective agreements can replace requirements for National Day for Truth and Reconciliation.

<p>False (B)</p> Signup and view all the answers

It is legal to employ a 14-year-old in a non-hazardous job.

<p>True (A)</p> Signup and view all the answers

A person can charge an individual for providing information about employers seeking employees.

<p>False (B)</p> Signup and view all the answers

Requesting payment for advertisements related to employment is a contravention of employment standards.

<p>False (B)</p> Signup and view all the answers

Payments received in contravention of employment standards are considered wages owing to the employee.

<p>True (A)</p> Signup and view all the answers

An employment agency can legally make payments to individuals for assisting in securing employment for others.

<p>False (B)</p> Signup and view all the answers

It is permissible to employ a 17-year-old in hazardous work if they have reached the prescribed age for that specific hazard.

<p>True (A)</p> Signup and view all the answers

According to employment standards, employers can charge potential employees a fee for simply considering their application.

<p>False (B)</p> Signup and view all the answers

If an employer illegally charges a fee for employment, the employee is not entitled to recover that payment.

<p>False (B)</p> Signup and view all the answers

Employment agencies can accept kickbacks from companies in exchange for referring qualified candidates.

<p>False (B)</p> Signup and view all the answers

An employer must ensure an employee working a split shift finishes it within 12 hours of starting.

<p>True (A)</p> Signup and view all the answers

If an employee reports to work as required but is not fit to work, they are still entitled to a minimum of 2 hours pay.

<p>False (B)</p> Signup and view all the answers

If an employer schedules an employee for more than 8 hours and then cancels the shift due to weather, the employee receives a minimum of 4 hours pay.

<p>False (B)</p> Signup and view all the answers

If an employee reports to work as required, the employer must always pay a minimum of 2 hours even if no work is performed.

<p>False (B)</p> Signup and view all the answers

An employee scheduled for 6 hours who reports for work, is ready, willing, and able to work, must be paid for a minimum of 4 hours.

<p>False (B)</p> Signup and view all the answers

An employer must pay all wages owing to an employee within 72 hours after the employer terminates the employment.

<p>False (B)</p> Signup and view all the answers

An employer must pay all wages owing to an employee within 6 days after the employee terminates the employment.

<p>True (A)</p> Signup and view all the answers

If an employer cannot locate an employee to pay their wages, the wages must be paid to the administrator within 60 days.

<p>False (B)</p> Signup and view all the answers

The director's receipt for wages proves the employer's liability for payment of wages is discharged.

<p>True (A)</p> Signup and view all the answers

The director must transfer unclaimed wages to the administrator within two years of receiving them.

<p>False (B)</p> Signup and view all the answers

Money transferred to the administrator is considered an unclaimed property deposit.

<p>True (A)</p> Signup and view all the answers

If an employer terminates employment, they have seven days to pay outstanding wages.

<p>False (B)</p> Signup and view all the answers

The Unclaimed Property Act defines the meaning of 'administrator'.

<p>True (A)</p> Signup and view all the answers

An employer who pays wages to the director receives a certificate as proof of payment.

<p>False (B)</p> Signup and view all the answers

The director can hold unclaimed wages indefinitely.

<p>False (B)</p> Signup and view all the answers

An employer can withhold gratuities from an employee if required by law to remit them to a third party, even if the employer fails to do so.

<p>False (B)</p> Signup and view all the answers

If an employer unlawfully withholds gratuities, the amount is considered a debt due to the employee.

<p>True (A)</p> Signup and view all the answers

The director can collect unlawfully withheld gratuities in the same manner as wages.

<p>True (A)</p> Signup and view all the answers

An employer is never allowed to withhold gratuities from an employee under any circumstance.

<p>False (B)</p> Signup and view all the answers

An employer can redistribute gratuities among any employee.

<p>False (B)</p> Signup and view all the answers

An employer can share in redistributed gratuities.

<p>False (B)</p> Signup and view all the answers

If a court demands an employer to remit gratuities to a third party, the employer is allowed to keep a percentage.

<p>False (B)</p> Signup and view all the answers

Shareholders are entitled to a share of redistributed gratuities.

<p>False (B)</p> Signup and view all the answers

Gratuities that are unlawfully withheld are considered a debt.

<p>True (A)</p> Signup and view all the answers

An employer is always allowed to redistribute tips how they see fit.

<p>False (B)</p> Signup and view all the answers

The Employment Standards Act, RSBC 1996, c 113 is current to January 28, 2025 according to the CanLII site.

<p>True (A)</p> Signup and view all the answers

The Employment Standards Act, RSBC 1996, c 113 is a federal law.

<p>False (B)</p> Signup and view all the answers

The official copyright holder for the Employment Standards Act, RSBC 1996, c 113 is Queen's Printer, Victoria, British Columbia, Canada.

<p>False (B)</p> Signup and view all the answers

The Employment Standards Act, RSBC 1996, c 113 legislative history can be found in the Tables of Regulatory Changes.

<p>False (B)</p> Signup and view all the answers

The effective date of the Employment Standards Act, RSBC 1996, c 113 is November 3, 2024.

<p>False (B)</p> Signup and view all the answers

The CanLII website provides a direct, permanent link for citing specific versions of the Employment Standards Act, RSBC 1996, c 113.

<p>True (A)</p> Signup and view all the answers

If there were changes to the Employment Standards Act after September 17, 2024, they would be reflected in the current version of the Act presented on the BC Laws Site.

<p>False (B)</p> Signup and view all the answers

If an employee works fewer than 8 hours and works 9 hours then they are paid 1 1/2 times their regular wage for 2 hours.

<p>False (B)</p> Signup and view all the answers

If an employee is scheduled for 10 hours and works 13, they must be paid double their regular wage for 1 hour and 1 1/2 times their wage for 2 hours.

<p>True (A)</p> Signup and view all the answers

When calculating average weekly hours, all hours worked by an employee are counted, regardless of the number of hours worked in a single day.

<p>False (B)</p> Signup and view all the answers

If an employee works beyond their scheduled hours and is compensated accordingly, these additional hours are included when calculating average weekly hours.

<p>False (B)</p> Signup and view all the answers

Section 36(1) applies to an averaging agreement if the period specified in the agreement is longer than 1 week.

<p>False (B)</p> Signup and view all the answers

If an employer terminates an employee's employment, all outstanding wages must be paid within 72 hours.

<p>False (B)</p> Signup and view all the answers

An employer can hire a 17-year-old for hazardous work if they have reached the age prescribed for that specific job.

<p>True (A)</p> Signup and view all the answers

If an employee resigns, the employer is legally obligated to pay all outstanding wages within 6 days.

<p>True (A)</p> Signup and view all the answers

Should an employer be unable to locate a former employee to deliver their final wages, the employer should remit the wages to the director of employment standards within 90 days.

<p>False (B)</p> Signup and view all the answers

Requesting payment for providing employment information is permitted if it's for advertising placed by the person seeking employment.

<p>True (A)</p> Signup and view all the answers

According to employment standards, a 15-year-old can be employed in a non-hazardous role.

<p>True (A)</p> Signup and view all the answers

The 'administrator', as defined in the Unclaimed Property Act, is the recipient of unclaimed wages held by the director.

<p>True (A)</p> Signup and view all the answers

If an employer mistakenly charges an applicant a fee for employment and the fee is paid, this fee is not considered wages.

<p>False (B)</p> Signup and view all the answers

A receipt from the director serves as proof that the employer's wage payment liability is completely fulfilled, regardless of the actual amount stated.

<p>False (B)</p> Signup and view all the answers

If an employer remits wages to the director because the employee cannot be located, the director must hold these funds indefinitely.

<p>False (B)</p> Signup and view all the answers

Employment agencies are permitted to offer bonuses to employees who help others find jobs.

<p>False (B)</p> Signup and view all the answers

Under specific circumstances, a company can legally charge a prospective employee a fee for helping them secure employment.

<p>False (B)</p> Signup and view all the answers

Money transferred to the administrator from unclaimed wages is considered an unclaimed money deposit under the Unclaimed Personal Property Act.

<p>True (A)</p> Signup and view all the answers

An employment agency can receive funds from a person who placed an add for advertisement.

<p>True (A)</p> Signup and view all the answers

The Unclaimed Properties Act specifies the obligations of the employer, the former employee, and the administrator in the case of an employer who cannot locate a former employee.

<p>False (B)</p> Signup and view all the answers

An employer fulfills their obligation for wage payment merely by attempting to contact the employee; there is no requirement to remit the wages to a third party if the employee cannot be found.

<p>False (B)</p> Signup and view all the answers

A company that violates employment standards by charging illegal employment fees may face legal repercussions to recover the payment from involved parties.

<p>True (A)</p> Signup and view all the answers

If an employer hires a 15 year old to work in a hazardous role, they can avoid penalties by paying a higher wage.

<p>False (B)</p> Signup and view all the answers

The director functions solely as a temporary holding entity for unclaimed wages, with no responsibility for attempting to locate the employee before transferring funds to the administrator.

<p>False (B)</p> Signup and view all the answers

If an employer agrees to pay an amount to a fund on behalf of an employee as part of an employment contract, they are legally obligated to make that payment as agreed.

<p>True (A)</p> Signup and view all the answers

An employer is required to provide a written wage statement to each employee annually, detailing their earnings and deductions.

<p>False (B)</p> Signup and view all the answers

A wage statement must include the employee's address, as well as the employer's name and address.

<p>False (B)</p> Signup and view all the answers

Wage statements must include the total paid vacation days for the employee.

<p>False (B)</p> Signup and view all the answers

If an employee is paid on a commission basis, the wage statement must explain how their wages were calculated for the work they performed.

<p>True (A)</p> Signup and view all the answers

The overtime wage rate must be included on the wage statement, regardless of whether the employee worked overtime during the pay period.

<p>True (A)</p> Signup and view all the answers

A wage statement needs to include the net wages, but not the gross wages.

<p>False (B)</p> Signup and view all the answers

If an employee has a time bank, the wage statement must indicate how much time has been taken from it and the remaining balance.

<p>True (A)</p> Signup and view all the answers

If an employee is entitled to an allowance, this does not need to be included on the wage statement.

<p>False (B)</p> Signup and view all the answers

If deductions are made from an employee's wages, the wage statement must detail both the amount and the purpose of each deduction.

<p>True (A)</p> Signup and view all the answers

If an employee works fewer than 8 hours on a day with an averaging agreement and works more than 8 hours, they must be paid 2 times their regular wage for the time exceeding 8 hours.

<p>False (B)</p> Signup and view all the answers

According to the provided content, time worked beyond scheduled hours and paid at the premium rate is included when calculating average weekly hours under an averaging agreement.

<p>False (B)</p> Signup and view all the answers

Under an averaging agreement, if an employee works 14 hours in a day, all 14 hours are counted when calculating average weekly hours.

<p>False (B)</p> Signup and view all the answers

If an employee works over 12 hours in a day, they are entitled to triple their regular wage for the time exceeding 12 hours.

<p>False (B)</p> Signup and view all the answers

Section 36(1) applies to an averaging agreement if the period specified in the agreement is 2 weeks.

<p>False (B)</p> Signup and view all the answers

The Employment Standards Act of British Columbia, revised in 1996, is up to date as of January 28, 2026, according to the BC Laws website.

<p>False (B)</p> Signup and view all the answers

The Employment Standards Act, RSBC 1996, c 113, is officially sanctioned and distributed under the authority of the Queen's Printer in Victoria, British Columbia, Canada.

<p>True (A)</p> Signup and view all the answers

The legislative history of the Employment Standards Act, including prospective amendments, can be tracked via the Tables of Executive Changes.

<p>False (B)</p> Signup and view all the answers

As of February 11, 2025, the most recent update to the Employment Standards Act came into effect on September 3, 2024.

<p>True (A)</p> Signup and view all the answers

The universally accepted citation format for referencing the Employment Standards Act is 'House Bill 113'.

<p>False (B)</p> Signup and view all the answers

The Employment Standards Act, RSBC 1996, c 113, is subject to revisions that have not yet been implemented.

<p>True (A)</p> Signup and view all the answers

According to the document, the Employment Standards Act is current to November 28, 2024.

<p>False (B)</p> Signup and view all the answers

The 'adjusted minimum wage' calculation involves multiplying the 'previous minimum wage' by the ratio of Index A to Index B, where Index A is the consumer price index for the current calendar year.

<p>False (B)</p> Signup and view all the answers

If the adjustment to the minimum wage, as per the formula, results in a decrease, subsections (2) and (3) still mandate that decrease for minimum wages referred to in section 16.1(1) or (2).

<p>False (B)</p> Signup and view all the answers

The minister is required to keep minimum wage information confidential and only share it with internal government officials.

<p>False (B)</p> Signup and view all the answers

Employers are mandated to process wage payments bi-weekly, ensuring employees receive their earnings within 8 days after each pay period concludes.

<p>True (A)</p> Signup and view all the answers

The 'previous minimum wage' in the formula is the minimum wage that applied immediately before the calculation of Index A.

<p>False (B)</p> Signup and view all the answers

Index B represents the consumer price index for the same calendar year as Index A.

<p>False (B)</p> Signup and view all the answers

If an employee agrees, an employer can delay wage payments beyond the stipulated 8-day period following the pay period's end.

<p>False (B)</p> Signup and view all the answers

The mandate for semimonthly payments and 8-day payment window includes vacation pay and overtime wages credited to an employee's time bank.

<p>False (B)</p> Signup and view all the answers

If the consumer price index decreases such that Index A is less than Index B, the adjusted minimum wage will decrease as well.

<p>True (A)</p> Signup and view all the answers

A farm labor contractor is responsible for an administrative fee to the Province if their vehicle is removed from service due to a violation and the Province provides alternate transport.

<p>True (A)</p> Signup and view all the answers

The director must serve a notice to the contractor including the fee amount, payment deadline, consequences of not paying, and method of payment.

<p>True (A)</p> Signup and view all the answers

A farm labor contractor can negotiate the payment terms of the administrative fee with the director.

<p>False (B)</p> Signup and view all the answers

If a vehicle used by a farm labor contractor to transport employees is removed from service due to mechanical failure, the contractor is liable for alternative transportation costs.

<p>False (B)</p> Signup and view all the answers

The notice served to the farm labor contractor by the director must include details of any potential legal recourse available to the contractor.

<p>False (B)</p> Signup and view all the answers

The administrative fee is waived if the farm labor contractor can prove that the vehicle's failure was due to unforeseen circumstances beyond their control.

<p>False (B)</p> Signup and view all the answers

The farm labor contractor is only liable for the administrative fee if the Province provides alternative transportation directly to the employees' worksite, and not to any other location.

<p>False (B)</p> Signup and view all the answers

If a work schedule agreement specifies a one-week period, the agreement can stipulate up to 48 hours of work for the employee.

<p>False (B)</p> Signup and view all the answers

The director is authorized to seize the farm labor contractor's assets if the administrative fee is not paid by the specified date.

<p>False (B)</p> Signup and view all the answers

If the farm labor contractor hires a third-party to provide alternative transportation, the Province will reimburse the contractor for the expenses incurred.

<p>False (B)</p> Signup and view all the answers

If a work schedule agreement specifies more than a one-week period, the agreement can stipulate an average of 48 hours per week.

<p>False (B)</p> Signup and view all the answers

If an employer requires an employee to work more than 12 hours a day they must pay the employee triple the employee's regular wage for the time over 12 hours.

<p>False (B)</p> Signup and view all the answers

The administrative fee applies only if the vehicle is transporting employees of the contractor, but not if it's transporting employees of another contractor or a producer.

<p>False (B)</p> Signup and view all the answers

If an employer requires an employee to work more than an average of 40 hours a week within the period specified in the agreement, the employer must pay 2 times the employee's regular wage for the time over 40 hours.

<p>False (B)</p> Signup and view all the answers

An employer who directly allows an employee to work more than 12 hours a day is not required to pay the employee double the employee's regular wage for the time over 12 hours if it wasn't required.

<p>False (B)</p> Signup and view all the answers

The overtime rate of 1 1/2 times the regular wage applies only when an employee is required to work over 40 hours a week, not when they are allowed.

<p>False (B)</p> Signup and view all the answers

If the agreement specifies a two-week period under subsection (2)(a)(iii), the maximum allowable working hours must not exceed 70 hours.

<p>False (B)</p> Signup and view all the answers

If an employee's regular wage is $20 per hour, working 14 hours in a day would require the employer to pay $40 for each hour exceeding the 12-hour limit.

<p>True (A)</p> Signup and view all the answers

If the agreement specifies a two-week period, and an employee works 50 hours in the first week, they can only work 30 hours in the following week even if the total hours are less than 80.

<p>False (B)</p> Signup and view all the answers

If the specified agreement period covers a month, calculating the overtime pay necessitates a week-by-week analysis, independent of the total hours worked during the entire month.

<p>False (B)</p> Signup and view all the answers

Flashcards

Online Platform Worker Status

An online platform worker is considered an employee under this Act, regardless of other laws.

Online Platform Operator Role

The online platform operator is considered the employer of the online platform worker.

Non-Waivable Rights

The Act's requirements are minimum standards and cannot be waived by agreement.

Director's Awareness Role

To increase awareness of employment regulations, the director is to craft and execute policies.

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Employer's Duty to Inform

Employers must provide employees with accessible information about their rights under this Act.

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No False Representations

Employers cannot use false information to attract potential employees.

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Examples of Misrepresentation

False representations include misstating job availability, type of work, wages, or employment conditions.

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Farm labor contractor payment restriction

A farm labor contractor cannot pay the person their employees work for directly or indirectly.

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Exception to payment restriction

Paying for advertisements is not a contravention of the payment restriction for farm labor contractors.

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Licensing requirement

A person must have a license to operate an employment agency or a talent agency.

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Exception to licensing rule

An employment agency that only hires employees for one employer is exempt from licensing.

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Farm Labor Contractor License

A person must have a license to act as a farm labor contractor.

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Producer Responsibility

A producer can't use an unlicensed farm labor contractor.

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Consequences of hiring unlicensed contractor

If a producer uses an unlicensed farm labor contractor, they become the employer of the contractor's employees.

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Employment contract for domestic workers

Employers must provide a copy of the employment contract to their domestic workers.

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Providing Contract Copy

When employing a domestic worker, the employer must provide the domestic worker with a copy of the employment contract.

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Work schedule limit (1 week)?

Maximum 40 hours if the agreement specifies a 1-week period.

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Work schedule limit (multi-week)?

An average of 40 hours per week if the agreement specifies more than a 1-week period.

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Pay for exceeding 12 hours?

Double the regular wage for time over 12 hours a day.

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Pay for exceeding 40 hours/week?

1 1/2 times the regular wage for time over an average of 40 hours a week.

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Overtime entitlement?

If an employee works more than the agreed-upon hours, they are entitled to overtime pay.

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Unpaid Admin Fee Consequence (Farm Labor)

The director can suspend, cancel, or refuse to reinstate a farm labor contractor's license until the fee is paid.

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Enforcing Unpaid Fees

Notice of unpaid fees can be filed with the Supreme Court and enforced as a judgment.

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Sections 79 & 98 applicability

Sections 79 and 98 do not apply to contraventions of section 30.1.

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Withholding Gratuities

An employer cannot withhold gratuities from an employee.

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Deducting From Gratuities

An employer cannot deduct from an employee's gratuities.

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Returning Gratuities

An employer cannot require an employee to return or give their gratuities to the employer.

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Exceptions to Gratuity Rules

If required by law or court order, gratuities can be withheld, deducted, or returned.

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Language of payroll records?

Payroll records must be in English.

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Where to keep payroll records?

Payroll records must be kept at the employer's principal place of business in BC.

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Payroll record retention period?

Payroll records must be retained for 4 years after creation.

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Liability for unpaid wages?

Both are responsible for unpaid wages to the contractor's employees.

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Who is liable for farm labor wages?

A producer and a farm labor contractor are jointly and separately liable for wages earned by an employee of the farm labor contractor for work done on behalf of the producer.

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When is a producer NOT liable?

If the farm labor contractor is licensed and the producer paid the contractor for wages.

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Wage payment responsibility?

The producer paid the farm labor contractor for wages earned by each employee for work done on behalf of the producer.

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Principal place of business?

A company's headquarters.

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Payroll record length of storage?

Lasts four calendar years after the payroll records were created.

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Who must the producer satisfy?

The director of employment standards.

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Employer Sharing Gratuities

An employer (sole proprietor or partner) can share redistributed gratuities if they perform similar work.

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Director/Shareholder Gratuity Sharing

Directors or shareholders can share gratuities if they perform the same work as employees.

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Meal Break Requirement

Employers must ensure employees get a meal break after no more than 5 consecutive hours of work.

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Minimum Meal Break Length

Meal breaks must be at least 1/2 hour long.

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Working During Meal Break

If an employee must work during a meal break, it counts as time worked.

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Assignment of Wages

Transferring wage payments to someone else by written authorization.

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Collective Agreement

An agreement between employer and employee organizations regarding employment terms.

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Conditions of employment

All factors influencing the working relationship between employer and employee.

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Construction

Building, renovating, repairing, or demolishing property.

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Day (definition under ESA)

Either a 24-hour period ending at midnight, or a 24-hour period starting at the beginning of an employee's shift that continues over midnight.

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Determination (ESA)

A decision made by the director regarding employment standards matters.

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Domestic worker

A person who is employed at an employer's private residence to provide cooking, cleaning, child care or other prescribed services

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Adjusted Minimum Wage

The new minimum wage after adjustment.

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Previous Minimum Wage

The minimum wage before any adjustment.

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Index A

Consumer Price Index for the immediately preceding calendar year.

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Index B

Consumer Price Index for the year before Index A's year.

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Minimum Wage Publication

The minimum wages, as adjusted, must be published online.

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Pay Frequency

Employers must pay wages at least twice a month.

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Payday Deadline

Wages must be paid within 8 days after the pay period ends.

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Time Bank Exemption

Overtime wages in a time bank are exempt.

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Vacation Pay Exception

Vacation pay is exempt from semi-monthly payment rule.

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Minimum Wage decrease

This section does not apply if it results in decreased minimum wage

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Domestic Worker Contract Clarity

A domestic worker's employment contract must detail the job's conditions.

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Contract Details

Duties, work hours, wages, and room and board charges (if applicable)

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Extra Hours for Domestic Worker

Employers must add extra hours to the contract hours for that pay period.

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Employee Register Info

Employers must provide required employee information as defined by regulations.

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Minimum Wage Obligation

Employers must pay employees at least the minimum wage.

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No Wage Manipulation

Employers can't withhold or deduct wages to comply with minimum wage for any pay periods.

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General Minimum Wage

The minimum wage is $16.75 per hour in BC.

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Specific Class Minimum Wage

A different minimum wage may be specified in regulations for certain employee groups.

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Minimum Wage for Prescribed Class

The minimum wage for a prescribed class of employees is the amount specified in, or calculated in accordance with, the regulations.

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Electronic Wage Statements

Employers can provide wage statements electronically to employees.

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Access to Electronic Wage Statements

Employers must provide confidential access and a way to make paper copies of electronic wage statements in the workplace.

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Wage Statement Repetition

If a wage statement is identical to the previous one, another statement isn't needed until a change occurs.

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Employee Information Records

Employers must maintain records for each employee including name, date of birth, occupation, phone number, and address.

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Employment Start Date

Employers must keep records of the date employment began for each employee.

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Employee Wage Rate Records

Employers must keep records of the of the employee's wage rate, whether paid hourly, salary, or other incentive.

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Daily Hours Worked Records

Employers must record the hours worked by each employee daily, regardless of pay basis (hourly or otherwise).

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Employee Benefits Records

Employers must keep records of benefits paid to employees.

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Gross and Net Wage Records

Employers must record gross and net wages for each pay period.

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Wage Deduction Records

Employers must keep records of each deduction from employee wages and the reason for it.

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Collective Agreement Replacement

Provisions in a collective agreement that meet or exceed ESA standards.

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Special Clothing (ESA)

Special work attire requirements.

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Hours of Work & Overtime

Rules for work hours and overtime pay.

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Statutory Holidays

Regulations regarding statutory holidays.

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Annual Vacation & Pay

Rules for annual vacation time and pay.

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Seniority-Based Retention

Rules regarding job retention based on service length.

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National Day for Truth and Reconciliation Exception

Collective agreements can't replace the ESA requirements for the National Day for Truth and Reconciliation.

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Light Work (Child Employment)

Work unlikely to harm a 14 or 15-year-old's health or development, as prescribed by the Lieutenant Governor in Council.

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Director's Permission (Child Employment)

Employing a child under 14 requires permission from this person.

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Parental Consent (Light Work)

Hiring a 14 or 15-year-old for light work requires this.

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Director's Permission (Other Work)

Hiring a 14 or 15-year-old for work other than light work requires this.

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Conditions Of Employment (Child)

When permitting child employment, the director can establish these.

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Hazardous Industry

An industry considered harmful to those under 16, as determined by the Lieutenant Governor in Council.

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Hazardous Work

Work considered harmful to the health, safety, or morals of someone under 16, as defined by the Lieutenant Governor in Council.

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Minimum Employment Age

Age under which employment is generally prohibited without special permission.

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Lieutenant Governor in Council

The person who ultimately decides on the definition of 'light work' and 'hazardous industry'.

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Employer Gratuity Sharing

If an employer (sole proprietor or partner) performs the same work as employees receiving gratuities, they can share in the gratuities.

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Director/Shareholder Gratuity Share

Directors or shareholders can share gratuities if they perform substantially the same work as the employees.

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Max Hours Before Meal Break

Employers must ensure employees receive a meal break after no more than 5 consecutive hours of work.

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Minimum Wage Adjustment Formula

A formula used to calculate the new minimum wage based on changes in the consumer price index.

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Index A (Minimum Wage)

The CPI from the immediately preceding calendar year used in the minimum wage adjustment formula.

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Minimum Meal Break Duration

Meal breaks must be at least 1/2 hour in length.

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Index B (Minimum Wage)

The CPI from the calendar year immediately preceding the year of Index A; used in the minimum wage adjustment formula.

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Working Meal Break Compensation

If employees are required to work or be available for work during a meal break, that time counts as time worked.

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Adjusted Minimum Wage (Result)

The new minimum wage after applying the adjustment formula.

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Previous Minimum Wage (Input)

The minimum wage amount that was in effect just before the adjustment took place.

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No Decrease in Minimum Wage

The minimum wage will not be decreased as a result of the adjustment.

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Minimum Wage Publication Mandate

The ministry must publish the new adjusted minimum wages online.

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Wage Payment Frequency

Employers must pay wages at least twice a month.

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Payday Deadline Rule

Wages must be paid to employees within 8 days after the end of the pay period.

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Time Bank Overtime Exemption

Overtime wages credited to an employee's time bank are exempt from the semi-monthly payment rule.

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Employer Termination Pay

Wages must be paid within 48 hours following termination by the employer.

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Employee Termination Pay

Wages must be paid within 6 days following termination by the employee.

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Unlocatable Employee Wages

If an employer cannot locate an employee, wages must be paid to the director within 60 days.

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Director's Wage Receipt

The director provides a receipt as proof of discharge of the employer's wage payment liability.

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Unclaimed Wages Transfer

The director must transfer wages to the administrator if the employee is not located within one year.

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Administrator's Money Status

Money transferred to the administrator is considered an unclaimed money deposit.

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Administrator Defined

An 'administrator' aligns with the definition in the Unclaimed Property Act.

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Liability Discharge Extent

The director's receipt discharges the employer's liability up to the amount stated.

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Wage Transfer Schedule

The director must transfer the wages according to the transfer schedule.

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Wages Receipt as Proof

The director's receipt acts as proof of payment made by the Employer.

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Employment Standards Act (ESA)

British Columbia's primary law governing the relationship between employers and employees, setting out minimum standards.

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RSBC

The official record of laws in British Columbia.

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CanLII

A publicly accessible website that provides access to Canadian legal information.

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King's Printer

The official printer and publisher of legislation for the government.

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Tables of Legislative Changes

A record of changes made to a piece of legislation over time.

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Currency

Indicates the point in time to which the Act is updated and accurate.

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Victoria, British Columbia

The location in British Columbia where the King's Printer is located.

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Collective Agreement over ESA

If a collective agreement has provisions covering items in column 1 that meet or exceed the requirements in column 2 of the table, then the collective agreement replaces the Employment Standards Act requirements for the employees covered.

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Special Clothing Agreements

If a collective agreement contains provisions for special clothing that meet or exceed the requirements of Section 25(1) or (2) of the ESA, the collective agreement replaces the ESA for covered employees.

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Hours and Overtime Agreements

If a collective agreement contains provisions for hours of work or overtime that meet or exceed Part 4 of the ESA, the agreement replaces the ESA for employees covered.

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Statutory Holiday Agreements

If a collective agreement contains provisions for statutory holidays that meet or exceed Part 5 of the ESA, the agreement replaces the ESA for employees covered.

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Vacation Agreements

If a collective agreement contains provisions for annual vacation or vacation pay that meet or exceed Part 7 of the ESA, the agreement replaces the ESA for employees covered.

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Seniority Agreements

If a collective agreement contains provisions for seniority retention, recall, termination of employment, or layoff that meet or exceed Section 63 of the ESA, the agreement replaces the ESA for employees covered.

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National Day Exception

Provisions in a collective agreement for statutory holidays can only replace the requirements of Part 5 (ESA) for statutory holidays other than the National Day for Truth and Reconciliation.

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ESA Over National Day

The ESA prevails over collective agreements regarding the National Day for Truth and Reconciliation

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Seniority

These are retention, recall, and layoffs. This is based on how long employee has worked for employer.

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What is 'light work'?

Work deemed unlikely to harm a 14 or 15-year-old's health or development, as determined by the Lieutenant Governor in Council.

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Who is 'the director?

Permission from this person is required to employ a child under 14 years of age.

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What is parental consent?

Written approval needed from a child's parents or legal guardians before a 14 or 15 year old perform light work.

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Director's permission (full-time work)

Hiring a 14 or 15-year-old for work other than 'light work,' you need...

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Work conditions

When permitting child employment, the director can enforce...

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Define: Hazardous Industry

An industry that the Lieutenant Governor in Council considers dangerous to those under 16.

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Define: Hazardous Work

Work that the Lieutenant Governor in Council considers harmful to the health, safety, or morals of someone under 16.

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Minimum Working Age

Generally prohibited without special permission, especially for hazardous roles.

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Who is the Lieutenant Governor in Council?

The person deciding if the job is classified as 'light work' or 'hazardous industry'.

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What age is 16 relevant?

The maximum age for special employment consideration and restrictions in hazardous industries.

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Producer and contractor liability?

Jointly and separately liable for wages if work is done on behalf of the producer.

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Payroll record language?

Documentation written in English.

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Payroll record location?

At employer's main business location in BC.

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Payroll record lifespan?

Four years after the payroll records were created.

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Child Employment Restriction

Generally, a person cannot employ a child under 16 in a hazardous industry or work.

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Hazardous Work Exception

If a child is 16-18 they cannot work in hazardous industries unless they are of a prescribed age.

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No Employment Fees

Charging a fee for providing employment or job information is prohibited.

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Advertisement Payment Exception

Charging for placing an advertisement from the person who placed the advertisement is allowed.

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Illegal Fee as Wages

Payments received in violation of the 'No Employment Fees' rule are considered wages owed.

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No Payment for Placement

Employment agencies cannot pay individuals for helping someone else find employment.

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Hazardous Industry (ESA)

An industry deemed unsafe for those under a specified age.

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Hazardous Work (ESA)

Work considered risky to the health, safety, or morals of individuals below a certain age.

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Prescribed Age

Regulations made by the Lieutenant Governor in Council can prescribe what the minimum age is to work in certain hazardous industries.

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Lieutenant Governor Authority

The Lieutenant Governor in Council is permitted to make regulations surrounding hazardous industries relating to age.

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Collective Agreement Override

If a collective agreement has provisions about certain topics and meets or exceeds the Act's requirements, the agreement replaces the Act for those employees.

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Definition of Special Clothing

Clothing required specifically for the job.

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Definition of Hours of Work & Overtime

Rules regarding scheduled hours and compensation for work beyond regular hours.

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Definition of Statutory Holidays

Designated days off with pay.

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Definition of Annual Vacation & Pay

Time off and associated compensation earned annually.

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Definition of Seniority-Based Retention

Rules based on length of employment determining who is kept during layoffs.

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Truth and Reconciliation Exception

Collective agreements don't override ESA requirements for The National Day for Truth and Reconciliation.

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Child Employment Restriction (Under 16)

Employing a child under 16 in a hazardous industry/work is prohibited.

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Child Employment Restriction (16-18)

Employing a child 16-18 in hazardous industry/work is prohibited unless they've met the prescribed age requirement.

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No Charge for Employment

Charging job seekers for employment or job information is illegal.

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Illegal Payment Recovery

Illegal payments are considered wages owing and can be recovered as such.

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No Payment for Job Placement Help

Employment agencies cannot pay others for helping someone get a job.

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Hazardous Work Under 16

A person must not employ a child who is under 16 years of age in a hazardous industry or in hazardous work.

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Hazardous Work 16 to 19 Age

A person must not employ a child who is at least 16 years of age but under 19 years of age in a hazardous industry or in hazardous work unless the child has attained the prescribed age in respect of the hazardous industry or hazardous work.

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No Payment for Obtaining Employment

An employment agency must not make a payment, directly or indirectly, to a person for obtaining or assisting in obtaining employment for someone else.

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Split Shift

A work shift that is broken into two or more segments with unpaid time off in between, the shift must be completed within 12 hours of starting work.

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Minimum Daily Hours

If an employee reports for work as required, they must be paid for a minimum of 2 hours at their regular wage.

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Minimum 4-Hour Pay

The employer must pay the employee for a minimum of 4 hours at the employee's regular wage.

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Suspension of work

Work is suspended due to reasons completely beyond the employer's control, including unsuitable weather conditions

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Employer Termination Payment

Employer must pay all wages owed within 48 hours of termination.

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Minimum Pay - Suspended Work

The employer must pay the employee for a minimum of 2 hours at the employee's regular wage.

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Employee Termination Payment

Employer must pay all wages owed within 6 days of resignation.

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Director's Wage Holding Period

Director holds wages for one year, then transfers them to the administrator.

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Director's Receipt

Receipt from director proves liability for payment of those wages is discharged.

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Unclaimed Wage Status

Money transferred to the administrator is treated as an unclaimed money deposit.

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Administrator

Definition of administrator under the Employment Standards Act

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Wage Transfer Deadline

Director must transfer the wages to the administrator after one year.

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Proof of payment

Director's receipt proves your financial liability for these wages has ended.

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Payment to director deadline

An employer must pay the wages to the director within 60 days.

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No Withholding of Gratuities

Withholding gratuities from an employee is generally prohibited.

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No Gratuity Deductions

Deducting any amount from employee gratuities is generally not allowed.

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No Returning Gratuities

Requiring an employee to return or give their gratuities to the employer is forbidden.

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Gratuity Remittance Exception

If a law or court order requires remitting gratuities to a third party, the employer must comply.

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Failure to Remit Gratuities

If an employer fails to remit gratuities to a third party as legally required, the general rules apply.

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Illegal Withholding as Debt

Gratuities withheld or deducted illegally are considered a debt due to the employee.

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Director's Collection Power

The director can collect illegally withheld gratuities in the same manner as wages.

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Gratuity Redistribution

An employer can withhold, deduct, or require gratuities to be returned if they are redistributed among employees.

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Restrictions on Redistribution

An employer must not redistribute gratuities among prescribed employees or classes of employees.

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No Employer Sharing (Usually)

Generally employers, directors or shareholders cannot share in redistributed gratuities.

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Overtime (Less Than 8 Scheduled)

1 1/2 times the regular wage is required for time worked over 8 hours if fewer than 8 hours were scheduled.

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Overtime (8+ Hours Scheduled)

1 1/2 times the regular wage is required for exceeding the scheduled hours when 8 or more hours were supposed to be worked.

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Double Overtime Threshold

Double the regular wage is required for any time worked over 12 hours in a day.

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Average Weekly Hours Limit

When calculating average weekly hours, only the first 12 hours worked each day are counted.

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Excluding Overtime Hours

If overtime pay applies, the overtime hours are NOT included when calculating average weekly hours.

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Employment Standards Act (BC)

Official name of the law governing employment standards in British Columbia.

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Statute Currency

The date until which the statute's content is considered up-to-date and accurate.

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Employer Payment Obligation

Employers must pay agreed amounts to funds, insurers, or others on behalf of employees.

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Wage Statement

A written statement given each payday, detailing earnings and deductions.

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Wage Statement: Employer Info

Employer's name and address.

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Wage Statement: Hours Worked

The total hours worked by the employee during the pay period.

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Wage Statement: Wage Rate Basis

Hourly, salary, or other basis for wages.

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Wage Statement: Overtime Rate

The wage rate paid for overtime hours.

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Wage statement: Overtime Hours

The number of hours worked at the overtime wage rate.

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Wage statement: Other Payments

Any additional money, allowance, or payments the employee is entitled to.

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Wage Statement: Deductions

Amount and purpose of each deduction from the employee's wages.

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Wage Statement: Wage Calculation

How wages were calculated if not hourly or salary based.

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Receipt Liability Discharge

The receipt proves the employer's wage liability is discharged up to the receipt amount.

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Director's Unclaimed Transfer

If the director can't locate the employee within one year, wages go to the administrator.

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Unclaimed Money Deposit

Money transferred to the administrator is an unclaimed money deposit.

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Unclaimed Property Act Status

Money transferred is categorized as such based on the unclaimed property act.

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Hazardous Work Age Limit

Employing someone under 16 in a hazardous industry or work is prohibited.

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Hazardous Work (16-19)

Employing someone 16-19 in a hazardous industry requires the employee to be the prescribed age.

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No Job Search Fees

Charging job seekers for employment or information about employers seeking employees is prohibited.

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Advertising Exception

Charging someone for advertisements is not a contravention.

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Illegal Fees = Wages

Payments received in violation of this section are considered wages.

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Child labour Ban (<16)

A person must not employ a child who is under 16 years of age in a hazardous industry or in hazardous work

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Child labour Ban (16-19)

A person must not employ a child who is at least 16 years of age but under 19 years of age in a hazardous industry or in hazardous work unless the child has attained the prescribed age in respect of the hazardous industry or hazardous work

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Job placement fees banned?

A person must not request, charge or receive a payment for employing or obtaining employment for the person seeking employment, from a person seeking employment

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Current Version

Designates the current legal version of the statute.

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Link to this version

The online address to directly access the specific version of the Employment Standards Act.

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Citation

Reference for formally identifying the Act.

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Copyright

Affirms intellectual property rights over the published material.

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Max hours in a 1-week agreement?

In a 1-week agreement, an employee's work must not exceed 40 hours.

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Max hours in a multi-week agreement?

If the agreement is longer than 1 week, work must average 40 hours per week.

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Overtime pay for exceeding 12 hours?

Double the regular wage must be paid for each hour worked over 12 hours in a day.

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Overtime pay for exceeding 40 hours/week?

1 1/2 times the regular wage must be paid for hours exceeding an average of 40 per week.

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Entitlement to overtime pay?

Employers must pay overtime if an employee works more than agreed hours.

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Overtime Pay Trigger

For scheduled work under 8 hours, it's any time over 8 hours. For scheduled work of 8+ hours, it's any time over the scheduled hours.

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Overtime Pay Rate

1 1/2 times the regular wage for time worked beyond the scheduled hours up to 12 hours. Double the wage for any time over 12 hours.

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Averaging Agreement Calculation

Only the first 12 hours are counted, and overtime hours already paid at premium rates are excluded from the calculation.

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Unpaid License Fee Consequence

The director can suspend, cancel, or refuse to reinstate the contractor's license.

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Enforcing Fee Payments

They can be filed with the Supreme Court and enforced as a judgment.

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Farm Labor Contractor Liability

The contractor is responsible for paying a penalty fee to the Province.

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Vehicle Removal Condition

A vehicle used for employee transportation is taken out of service due to a violation.

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Province's Alternative Transport

The province has to provide replacement transport at its expense.

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Notice of Admin Fee

Director must provide an official notification.

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Notice Details

Amount, payment date, consequences, and payment method.

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Fee Payment Obligation

The contractor must pay according to defined rules.

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Administrative Fee Payment Method

Fees must be paid in accordance with the province's regulations.

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Trigger for Admin Fee

Fee applies if motor vehicle is removed from service due to non-compliance.

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Non-Compliance Examples

Transportation failures under provincial or federal law.

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Content of Fee Notice

Set by the director, includes amount, date and consequences.

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Study Notes

Agreements to average hours of work

  • An employer and employee may agree to average the employee's hours of work over a period of 1, 2, 3, or 4 weeks to determine entitlement to overtime wages under subsections (4) and (6), and wages payable under subsection (8) or (9) (b)
  • Averaging agreements are invalid unless they are in writing, signed by both parties before the start date in the agreement, specify the number of weeks, specify the work schedule, specify the number of times the agreement may be repeated, and include a start and expiry date.
  • Work schedules must not provide for more than 40 hours if the agreement specifies a 1 week period, or an average of 40 hours per week if the agreement specifies more than 1 week.
  • Employers must pay double the employee's regular wage for time over 12 hours a day, and 1 1/2 times the regular wage for time over 40 hours a week.
  • For calculating average weekly hours, only the first 12 hours are counted each day, and time worked beyond scheduled hours and paid accordingly is excluded.
  • Employees should either have an interval free from work of 32 consecutive hours each week, or employers need to pay 1 1/2 times the regular wage during periods when the employee would have been entitled to have free from work.
  • Employers can change work scheudles at the work or adjustment of time schedule.
  • It is to be deemed to be in corporated and the employer must retain the agreement.

No excessive hours of work

  • Employers must not require or allow excessive hours to work.

Banking overtime

  • At the written request of an employee, overtime wages may be credited to a time bank instead of being paid as required under section 17
  • Overtime wages must be credited to a time bank at the rates required under section 37 (4), (5) or (6) or 40.
  • They have to pay amount crediting under section.

Entitlement to Statutory Holiday Pay

  • An employer is to comply with the code 45 and/or 46 for a employee that has been with your company for at least 30 day.
  • Statutory holidays include New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, British Columbia Day, Labour Day, National Day for Truth and Reconciliation, Thanksgiving Day, Remembrance Day, Christmas Day and any other holiday prescribed by regulation

Illness and or jury duty

  • If someone gets very ill after 90 days they are allowed to take un paid leave.

Parental leave

  • If for some raeson if the employee is under maternity it is un paind. They are then able to request leaves a certain time or request a medical certificate.
  • And employer is never allowed to terminate the employee or there will a big penalty. The employee must be in the exact positin before leave.

Critical inllness or injury leave

  • The employer must give employee coopy that the employee is the certifcate.

Leave respecting disappearance of child

  • The is paid only to people who are in the right and for someone of the age 19. A person is enetitled to leave for the ammount of time in the right.
  • When employees are on leave it is looked like the employee is at work.

Entitlement to annul vacatin

  • Employess get around at least 2 weeks after working for 12 month. For three weeks after working for five years. Employers muust use the annual vacation with in 12 day. It is exlusive to only statudory holifAYS.

Notice

Employee must give a written notice by the end of 8 days.

Termination of employment

  • After working 3 months a employee must be paid an ammount to a week service. If someone had there Terminated, they must get and the director may do something about it.
  • If in the event of a situation one with a license is taken by one one will get a penaly.
  • At 50 more employees at are at single location are terminated in a span of 2 months they have the right to give notice of termination.
  • The notice must spectify the number employees being affefted, the efddtive days and the reason.

Determintatios and consequences

  • If there is a contravemtial event then the diirector.
  • The board to impsoe restrictiona. If you fail to pay then there is a fee, a penalty might get imposed
  • The board to dismiss the compliaint
  • Disclaimer: Please remember that laws can change and this is not legal advice. Always consult with a professional legal expert for specific guidance.*

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