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Employment Standards Assignment


1. What is the Employment Standards Act?
A set of regulations that sets out the minimum standards that apply in most workplaces in British Columbia.
Who is not covered by this act?
o Workers in unions or that who dont fall under provincial jurisdiction.

2. Minimum Wage:
Are there two minimum wages? Explain. What are the new minimum wages going to be?
o Yes, there are two minimum wages - one for liquor servers, and one for all other employees.
o Minimum wage rose on September 15, 2016. Each minimum wage rose 40 cents - the general
minimum wage from $10.45/hour to $10.85/hour, and the liquor server minimum wage from
$9.20/hour to $9.60/hour.

3. Minimum Daily Pay:


What is the minimum amount of hours that you are paid if you show up for work, even if the boss sends you
home?
o 2 hours. However, if you report for work and are unfit for work, you only have to be paid for the time
actually worked.

You are scheduled to work an 8-hour shift then the boss asks you to work another 2 hours. How many hours must
s/he pay you for?
o At least 4 hours - employees who are scheduled to work for more than 8 hours must be paid for at
least four hours.

You show up for work and work 1 hour before a power failure happens so the boss sends the entire staff home.
How many hours must the boss pay each employee for the day?
o 2 hours. If work stops for a reason out of your control (in this case, power failure), then you must be
paid for 2 hours or for the actual time worked, whichever is greater (in this case, 2 hours).

How many times a month must your boss pay you?


o At least twice a month.

4. Work Breaks:
How often does an employer have to give you a 30 minute meal break?
o Every 5 hours.

How many coffee breaks does an employer have to give you?


o None.

What is a split shift?


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o A working shift that is split into 2 or more separate periods in a day by breaks longer than normal
breaks.

5. Paydays and Payroll Records:


You were paid for the months of January on the 3rd and 18th and for February on the 10th and 14th. Is the
employer allowed to do this? Explain your answer.
o Yes. A pay period is no longer than 16 days and all wages earned within the pay period must be paid
within 8 days of the end of the pay period, which means that the times that you are paid cannot be
more than 24 days apart. For the smaller gaps, we can assume that the pay periods were short. For
the largest gap (January 18th to February 10th), there is a gap of 23 days, which is just enough to
account for the pay period and for the 8 day delay.

What must appear on your written or electronic pay statement (pay stub) each pay period?
o All details about hours worked, rate(s) of pay, earnings, and deductions.

What is vacation pay? How much is it?


o It is the money that is paid to an employee during their vacation, or paid to an employee who has
worked for 5 days to 1 year upon their termination of work.
o It is at least 4% of the employees total earnings from the previous year if the employee has
completed one year of work. It increases to 6% after 5 consecutive years of working. It is 4% for
employees who have worked for 5 days to a year upon their termination of work.

6. Overtime:
You earn $10 per hour. What would be your gross pay (before taxes) if you worked:
10 hours in one day? = $110 30 hours in one week? = $300
7.5 hours in one day? = $75 50 hours in one week? = $550
7. Uniforms and Special Clothing:
You work in a mill where you are required to wear hearing (ear) protection, steel-toed boots and safety (eye)
goggles. Who must pay for this equipment?
o The employee, as personal safety equipment is not considered special clothing unless it associates
the wearer with the company or employer.

You work in a restaurant where you are required to wear tan coloured pants, a black collared shirt, belt and casual
shoes. Who is responsible for supplying the outfit? Explain.
o The employee, as a dress code that does not identify the wearer with the company or employer is
not considered a uniform or special clothing.

You work at a golf course and are required to wear a white shirt with the company logo on it. You must also wear
dark coloured pants or skirt. Who is responsible for supplying the outfit? Cleaning it? Explain.
o The employer must supply, clean, and maintain the shirt at no cost to the employee. This is because
the logo on the shirt identifies the wearer with the company, which makes it special clothing.
However, the employee must supply the pants or skirt themselves, as it is only a dress code and not
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considered special clothing.

8. Deductions:
What deductions must you pay (or have come off your cheque)?
o Deductions required by law (for example, income tax, EI, and CPP).

What deductions are optional (your choice) to have come off your pay cheque? Provide examples.
o Deductions where the employee agrees in writing and the employer cannot require (for example,
damage to company property or loss resulting from a customer leaving without paying).

9. Statutory Holidays:
What are the two (2) conditions that you must meet in order to be paid for a statutory holiday?
o You have to have been employed for at least 30 calendar days
o You have to have worked for at least 15 of the 30 days before the statutory holiday

How much do you make per hour if you work a statutory holiday?
o Time-and-a-half for the first 12 hours and double-time after 12 hours, in addition to the wage you
are normally paid

10. Leaving the Job:


Do you have to give your employer advance notice that you are quitting your job?
o There are no requirements that you notify your employer, but it would be a good idea.

Why would it be a good idea to let them know?


o So that they can prepare for your absence. This can also help them understand your reasons so that
you can leave without any issues.

What does being laid off mean?


o Being terminated for reasons other than performance (for example, if the company were having
financial problems and had to let people go).

When would you get terminated?


o When the employer decides so and/or when its a just cause.

What are some reasons that an employer can fire you? Does the employer have to give you notice that you are
being fired?
o Examples of reasons an employer can fire you include:
Performance issues
Violation of company policies
Financial problems
Illegal acts at work
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Personal decision
o Notice is required except if:
The employee has not completed three consecutive months of employment
The employee quits or retires
The employee is dismissed for just cause (see Just Cause factsheet);
The employee works on an on-call basis doing temporary assignments, which he or she can
accept or reject
The employee is employed for a definite term
The employee is hired for specific work to be completed in 12 months or less
It is impossible to perform the work because of some unforeseeable event or circumstance
(other than bankruptcy, receivership or insolvency)
An employer whose principal business is construction employs the employee at one or more
construction sites
The employee refuses reasonable alternative employment
The employee is a teacher employed by a board of school trustees

If you are fired how long does the employer have before s/he must pay all your wages?
o Final wages must be paid within 48 hours after the last day a terminated employee works.

What is a Record of Employment (ROE)?


o It is a document that provides information on employment history.

11. Vacation Information:


You just started a full time job so how many weeks of holidays will you be entitled to in your first year? = 1 week
o After 4 years = still 1 week (it increases to 3 weeks after 5 years)

12. Protecting your rights:


Why is it a good idea to record the date, time and details of an incident that may have occurred at your work?
o So that you can be prepared in case legal action is ever required.

Why do you think it would be a good idea to keep a record of the days and hours you have worked?
o So that you can do calculations to ensure that your wage is what it should be and to notify your
employer if its not.

13. Explain why it is your responsibility to know your rights as a worker.


Through knowing these right, you can protect yourself and ensure that your employers and/or coworkers are not
violating these rights and abusing their power (for example, an employer could try to pay someone less for overtime
than is required, and a more ignorant worker might simply accept it). People who dont know their rights and
responsibilities are more vulnerable and gullible, and these weaknesses could be exploited by other people.

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