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Questions and Answers
What is one of the required remedies for discrimination according to legislation?
What is one of the required remedies for discrimination according to legislation?
- Revise all employee contracts
- Enhance the company's profits
- Cease the discriminatory policy or behaviour (correct)
- Increase recruitment efforts
What must a job description accurately reflect during recruitment?
What must a job description accurately reflect during recruitment?
- The averages of salaries in the market
- The latest industry trends
- The employer’s needs and expectations (correct)
- The employer's current vision
What does BFOR stand for in recruitment and hiring practices?
What does BFOR stand for in recruitment and hiring practices?
- Bona Fide Occupational Requirement (correct)
- Business Framework of Operation Rules
- Best Financial Operational Resource
- Basic Formal Organizational Regulation
Under what condition must an employer accommodate an essential requirement of a job?
Under what condition must an employer accommodate an essential requirement of a job?
What must an employment agency refrain from doing to comply with the legislation?
What must an employment agency refrain from doing to comply with the legislation?
Which of the following is NOT a criterion for establishing a BFOR?
Which of the following is NOT a criterion for establishing a BFOR?
What is the consequence of an essential requirement negatively affecting a person on a prohibited ground?
What is the consequence of an essential requirement negatively affecting a person on a prohibited ground?
Which section in BC expressly prohibits discrimination by employment agencies?
Which section in BC expressly prohibits discrimination by employment agencies?
What is required from an employer when accommodating an employee's disability?
What is required from an employer when accommodating an employee's disability?
Which of the following is NOT considered a disability under the duty to accommodate?
Which of the following is NOT considered a disability under the duty to accommodate?
What does accommodation for substance abuse typically include?
What does accommodation for substance abuse typically include?
When accommodating religious beliefs, what may employers need to modify?
When accommodating religious beliefs, what may employers need to modify?
What does the term BFOR refer to in relation to religious accommodations?
What does the term BFOR refer to in relation to religious accommodations?
What is a key consideration when accommodating family status discrimination?
What is a key consideration when accommodating family status discrimination?
What legal change occurred in 2008 regarding age discrimination?
What legal change occurred in 2008 regarding age discrimination?
What may constitute discrimination based on family status?
What may constitute discrimination based on family status?
Under what circumstances can selective drug and alcohol testing occur on the job?
Under what circumstances can selective drug and alcohol testing occur on the job?
In the case of Jodoin v City of Calgary, what aspect of accommodation was addressed?
In the case of Jodoin v City of Calgary, what aspect of accommodation was addressed?
What justified previous cases of age discrimination before the legal changes?
What justified previous cases of age discrimination before the legal changes?
Which of the following scenarios does NOT allow for universal random drug testing?
Which of the following scenarios does NOT allow for universal random drug testing?
Which of the following is a condition for carrying out on-the-job selective drug testing?
Which of the following is a condition for carrying out on-the-job selective drug testing?
Which of the following characteristics is NOT considered a protected characteristic in discrimination cases?
Which of the following characteristics is NOT considered a protected characteristic in discrimination cases?
What is the first requirement in the test for prima facie discrimination in hiring?
What is the first requirement in the test for prima facie discrimination in hiring?
In the case of Morrison v AdvoCare, what was the basis for claiming discrimination?
In the case of Morrison v AdvoCare, what was the basis for claiming discrimination?
Which of the following characteristics would likely be used to support a claim of discrimination in hiring?
Which of the following characteristics would likely be used to support a claim of discrimination in hiring?
What must occur in order to establish a case of prima facie discrimination if the complainant was not hired?
What must occur in order to establish a case of prima facie discrimination if the complainant was not hired?
Which of the following is an example of physical disability as a protected characteristic?
Which of the following is an example of physical disability as a protected characteristic?
Under anti-discrimination laws, what does the term 'place of origin' refer to?
Under anti-discrimination laws, what does the term 'place of origin' refer to?
Which characteristic is classified as a distinguishing protected characteristic in discrimination law?
Which characteristic is classified as a distinguishing protected characteristic in discrimination law?
What type of harassment involves actions or comments that create a hostile work environment without targeting a specific individual?
What type of harassment involves actions or comments that create a hostile work environment without targeting a specific individual?
Which of the following actions can be considered verbal abuse in the context of harassment?
Which of the following actions can be considered verbal abuse in the context of harassment?
Which of these behaviors constitutes sexual harassment if the comments or actions are unwelcome?
Which of these behaviors constitutes sexual harassment if the comments or actions are unwelcome?
What is the legal standard for determining if harassment has occurred?
What is the legal standard for determining if harassment has occurred?
Which of the following is NOT a responsibility of employers in maintaining a harassment-free workplace?
Which of the following is NOT a responsibility of employers in maintaining a harassment-free workplace?
What constitutes sexual solicitation in a workplace setting?
What constitutes sexual solicitation in a workplace setting?
Which of the following is an example of unwanted physical contact in harassment?
Which of the following is an example of unwanted physical contact in harassment?
Which behavior would likely be considered harassment if it undermines someone's self-confidence?
Which behavior would likely be considered harassment if it undermines someone's self-confidence?
What is the primary purpose of employment standards legislation?
What is the primary purpose of employment standards legislation?
Who is bound by employment standards legislation?
Who is bound by employment standards legislation?
Which of the following is NOT a feature of employment standards legislation?
Which of the following is NOT a feature of employment standards legislation?
How is enforcement of employment standards legislation primarily carried out?
How is enforcement of employment standards legislation primarily carried out?
What is the minimum vacation pay an employee is entitled to receive during the vacation period?
What is the minimum vacation pay an employee is entitled to receive during the vacation period?
What happens if an employer promises a benefit greater than what is required by employment standards legislation?
What happens if an employer promises a benefit greater than what is required by employment standards legislation?
Which of the following types of earnings are NOT included when calculating vacation pay?
Which of the following types of earnings are NOT included when calculating vacation pay?
Which statement about unionized employees is correct in the context of employment standards legislation?
Which statement about unionized employees is correct in the context of employment standards legislation?
How many general holidays are recognized in Alberta?
How many general holidays are recognized in Alberta?
What is a limitation of the coverage provided by employment standards legislation in Alberta?
What is a limitation of the coverage provided by employment standards legislation in Alberta?
Which of the following is true regarding the relationship between employment standards legislation and collective agreements?
Which of the following is true regarding the relationship between employment standards legislation and collective agreements?
What pay entitlements does an employee have if they work on a general holiday?
What pay entitlements does an employee have if they work on a general holiday?
What is the duration of maternity leave entitlement in Alberta?
What is the duration of maternity leave entitlement in Alberta?
What is one requirement for an employee to qualify for maternity leave in Alberta?
What is one requirement for an employee to qualify for maternity leave in Alberta?
How much notice must an employee give before taking maternity leave?
How much notice must an employee give before taking maternity leave?
What happens to an employee's right to a general holiday if it occurs during their vacation?
What happens to an employee's right to a general holiday if it occurs during their vacation?
What is the maximum length of Parental Leave that can be taken in Alberta?
What is the maximum length of Parental Leave that can be taken in Alberta?
Under what condition can an employer terminate an employee on Parental Leave?
Under what condition can an employer terminate an employee on Parental Leave?
What is the notice period required for an employee to inform their employer about returning from leave?
What is the notice period required for an employee to inform their employer about returning from leave?
What is the minimum duration for which employers must maintain employee records?
What is the minimum duration for which employers must maintain employee records?
What is the minimum employment duration required for an employee to qualify for Compassionate Care Leave?
What is the minimum employment duration required for an employee to qualify for Compassionate Care Leave?
What type of leave is available for members of the reserve force of the Canadian Forces?
What type of leave is available for members of the reserve force of the Canadian Forces?
Which type of deduction is NOT permitted from an employee's wages?
Which type of deduction is NOT permitted from an employee's wages?
How long can Compassionate Care Leave last?
How long can Compassionate Care Leave last?
What is the payment timeframe when an employee gives notice that they are leaving?
What is the payment timeframe when an employee gives notice that they are leaving?
What is the minimum wage in Alberta as of 2015?
What is the minimum wage in Alberta as of 2015?
For Reservist Leave, what is the maximum number of days per year that can be taken for annual training?
For Reservist Leave, what is the maximum number of days per year that can be taken for annual training?
Which type of leave is designed for employees caring for an ill family member?
Which type of leave is designed for employees caring for an ill family member?
In Alberta, what is the maximum number of consecutive hours an employee must have off before the next shift?
In Alberta, what is the maximum number of consecutive hours an employee must have off before the next shift?
What conditions allow employees to work more than 12 hours in a day in Alberta?
What conditions allow employees to work more than 12 hours in a day in Alberta?
Which of the following types of deductions requires specific written authorization?
Which of the following types of deductions requires specific written authorization?
What is the maximum number of consecutive days off from work in Alberta after an employee has worked for 24 days?
What is the maximum number of consecutive days off from work in Alberta after an employee has worked for 24 days?
How long should an employee in Alberta be entitled to an eating period during a 5-hour work shift?
How long should an employee in Alberta be entitled to an eating period during a 5-hour work shift?
What is required for overtime pay eligibility in Alberta?
What is required for overtime pay eligibility in Alberta?
Which of the following is TRUE regarding coffee breaks in Alberta?
Which of the following is TRUE regarding coffee breaks in Alberta?
What happens to unused paid time off work from banking of overtime if not taken within three months?
What happens to unused paid time off work from banking of overtime if not taken within three months?
What is the minimum annual vacation entitlement for an employee with less than 5 years in the job?
What is the minimum annual vacation entitlement for an employee with less than 5 years in the job?
Under which circumstance can an employer require an employee to work longer without a break in Alberta?
Under which circumstance can an employer require an employee to work longer without a break in Alberta?
What conditions apply to the entitlement of annual vacation for employees in Alberta?
What conditions apply to the entitlement of annual vacation for employees in Alberta?
What is the alternative to receiving overtime pay that an employer and employee may agree upon?
What is the alternative to receiving overtime pay that an employer and employee may agree upon?
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Study Notes
Employment Standards Legislation in Alberta
- Sets minimum employment standards, displacing common law principles.
- Covers 90% of Alberta employees, but not universally applicable.
- Cannot be undercut by employment or collective agreements.
- Unionized employees are covered; most significant benefits are usually covered in the collective agreement.
- If an employer promises a higher benefit than the Act, it will be enforced only for that specific benefit.
- Enforcement is complaint-based and applies to all employers regardless of size.
Record Keeping
- Employers must keep accurate written records of employees for at least three years after the record's creation.
- Records must be readily available for inspection by an Employment Standards Officer.
- Keeping proper records can protect employers from unjustified claims.
Wages
- Employers must establish regular pay periods and pay days.
- Partial payment is prohibited.
- Payment can be made in cash, cheque, or direct deposit.
- Five types of deductions are allowed: statutory, court-ordered, authorized by a collective agreement, with specific written authorization, or for wage advance or overpayment recovery.
- Upon termination, payment must be made within three days if notice is given and within ten days if no notice is provided.
Minimum Employment Standards
- Minimum wage: employers must pay at least the prescribed minimum wage.
- Hours of work and rest: employees must have at least eight hours off between shifts and one day of rest per week, with some exceptions for emergency situations and continuous work cycles.
- Overtime: employers must pay at least 1.5 times the regular rate for hours worked beyond eight hours per day or 44 hours per week, with some exceptions for specific occupations.
- Vacation: employees are eligible for two weeks of vacation after one year of continuous service, increasing to three weeks after five years.
- Statutory leaves: employees are eligible for various leaves including maternity, parental, reservist, compassionate care, and other leaves.
Minimum Wage
- Minimum wage in Alberta was raised to $15 in 2015.
- Alberta implements a "three-hour rule."
Overtime
- Employers can opt to provide paid time off in lieu of overtime pay, at a one-to-one ratio.
- If time off is not used within three months, overtime pay must be calculated at 1.5 times the regular rate.
Annual Vacation
- Vacation pay must be at least 4% of wages earned during the qualifying period, excluding overtime earnings (unless a specific agreement is in place) and bonuses.
- Employers can designate a common anniversary date for vacation purposes.
General Holidays
- Nine legal holidays exist, plus any others designated by legislation.
- Employers and employees can agree to substitute alternate days off.
- If an employee is asked to work on a general holiday, they are entitled to 1.5 times their regular wage for up to 12 hours worked, plus their average day's pay, or their regular hourly rate for each hour worked plus an additional day's pay.
Maternity Leave
- 16 weeks of unpaid leave, paid by EI.
- Leave can begin as early as 13 weeks before the anticipated delivery date.
- At least six weeks must be taken immediately following the birth, unless the mother has a medical certificate.
Parental Leave
- Employees are eligible for up to 37 consecutive weeks of unpaid leave within 53 weeks of birth or adoption.
- Leave applies to both parents, but not at the same time.
- Employees may be eligible for EI benefits.
Reservist Leave
- Applies to members of the Canadian Forces Reserves with at least 26 weeks of employment with the employer.
- Offers unpaid, job-protected leave for deployments and up to 20 days per year for annual training.
Compassionate Care Leave
- Provides job-protected, unpaid leave for up to 27 weeks to care for an ill family member.
- Requires a certificate from a qualified health practitioner.
Other Leaves
- Additional leaves include disappearance of a child, critical illness of a child, long-term illness and injury, domestic violence, personal and family responsibility, and bereavement leave.
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