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Working in B.C WORKING IN B.C. The law in B.C. sets standards for payment, com- MINIMUM DAILY PAY pensation and working conditions in most work- An employee who reports for work must be paid places. For more information, please contact the fort a least two hours, even if they work less than Employment Standards Branch: two. hours If the employee is scheduled for more Toll free: 1-833-236-3700 thant eigh hours, they must be paid for at least four gov.bc.ca/EmploymentStandards hours. If work stops for a reason beyond the employer’s MINIMUM WAGE control, the employee must be paid their minimum Employees must be paid at least minimum wage dailyy pa or the actual time worked, whichever is regardless of: longer. • How they are paid – hourly, salary, commission or An employee is only paid for time actually worked if: other incentive basis • They are unfit to work • Their status – full-time, part-time, temporary or permanent • They do not meet WorkSafeBC health and safety regulations The minimum wage in B.C. is as follows: • June 1, 2018 - $12.65 per hour MEAL BREAKS • June 1, 2019 - $13.85 per hour Ae 30-minut unpaid meal break must be provided • June 1, 2020 - $14.60 per hour when an employee works more than five hours in a • June 1, 2021 - $15.20 per hour row. Employers are not required to provide coffee Liquor servers must be paid at least the liquor serv- breaks. er minimum wage: An employee must be paid for the meal break if • June 1, 2018 - $11.40 per hour they’re required to work (or be available to work) • June 1, 2019 - $12.70 per hour during their meal break. • June 1, 2020 - $13.95 per hour PAY DAYS & PAYROLL RECORDS • June 1, 2021 - $15.20 per hour Employees must be paid at least twice per month. (For information on tips/gratuities, see below.) Pay periods cannot be longer than 16 days. Other employee groups like live-in home support All wages earned, including overtime and statutory workers, resident caretakers and certain farm work- holiday pay, must be paid within eight days after ers have different wage rates. Check the Employ- the end of the pay period. ment Standards Regulation for more information. Employers must provide a pay stub (wage state- TIPS ment) every pay day. It should include: Employers can collect tips and distribute them to • The employer’s name and address all employees who shared in earning them. Em- • The hours worked by the employee ployers cannot withhold tips or force employees to • The employee’s wage rate and how the wages give their tips to them unless they’re required to so by law (e.g. a court order to garnish wages). were calculated (e.g. hourly, salary, flat or piece rate, commission, or other incentive basis) Employers can only take a share of tips if they regu- larly do the same or similar work as the employees • The employee’s overtime rates who share tips. • The hours worked at overtime rates UPDATED AUGUST 2020 WORKING IN B.C. | 1 • Any money, allowance or other payment the Averaging agreements must be: employee is entitled to (e.g. vacation pay or • Agreed to before they start statutory holiday pay) • In writing • The employee’s gross and net wages • Specify a start and end date • Any amounts withdrawn from the employee’s Employees are paid overtime if they work more hours time bank and how much time remains than their regular schedule: • The employee’s wage rate and how the wages •e They ar paid time-and-a-half when they work were calculated more than eight hours in a day if the extra hours • The amount and purpose of each deduction are more than their regular schedule Employers must keep payroll records for each em- OR ployee for four years. •e They ar paid time-and-a-half for hours worked An employee must be paid final wages if their job over an average of 40 hours in a week during the ends: agreed averaging period (e.g. 80 hours averaged • Within 48 hours, if they are terminated or laid off over two weeks) • Within six days, if they quit UNIFORMS & SPECIAL CLOTHING Final wages includes everything the employer owes If employers require a uniform or special clothing, the employee – for example, regular wages, over- they must provide them to employees at no cost. time, statutory holiday pay, compensation for length They must also pay to clean and maintain these items of service, and vacation pay. or o agree t reimburse employees for doing it. They cannot charge employees a deposit for uniforms to OVERTIME make sure that they are returned. Employees are paid time-and-a-half for any time Special clothing is any item that creates a specific im- worked over eight hours in a day, up to 12 hours. age, including items: Employees are paid double time for any time worked over 12 hours in a day. • Chosen by the employer Employees are paid time-and-a-half for any time • Purchased from a specific store, including garments worked over 40 hours in a week, counting only the the business is selling first eight hours worked each day. • In a specific brand or style An employee can make a written request to bank • With a company logo or unique company colours their overtime hours instead of being paid for them Employers do not have to pay for an employee to during the pay period when they’re earned. Hours meet a general dress code – for example: business needo t be banked based on the overtime rate they casual, no jeans, no cut-offs, or a white shirt with dark were earned at. Later on, the employee can ask for: pants. • Part or all of the wages in the time bank to be Employees must purchase their own: paid out • Clothing needed for protection against the • Time off with pay for a period agreed upon by elements the employer and employee • General purpose work gloves AVERAGING AGREEMENTS • Appropriate footwear including safety footwear An employer and an employee can agree to average • Safety headgear work hours over one, two, three, or four weeks. These items are only considered special clothing or a UPDATED AUGUST 2020 WORKING IN B.C. | 2 uniform if it identifies employees with the employer under an averaging agreement do not have to (e.g. a company logo). work 15 days) DEDUCTIONS Statutory holiday pay equals an average day’s pay. An employer is required by law to make deductions Employees who work on a statutory holiday must be from employee wages, for example: paid an average day’s pay plus time-and-a-half for hours they work. They’re paid double time for hours • Income tax worked over 12 hours. • Employment Insurance premiums (EI) • Canada Pension Plan contributions (CPP) Employers and employees may agree in writing to •A court order to garnish wages substitute another day for a statutory holiday. If an employee agrees in writing, other wage deduc- ANNUAL VACATION tions can also include: Vacation time: After one year of employment, em- • Medical premiums ployees can take up to two weeks per year off for • Repayment of payroll advances or purchases vacation. After working for five consecutive years made from an employer for the same employer, employees can take three • Accidental overpayments weeks off. It’so illegal t make employees pay for business ex- Vacation time must be taken within 12 months of penses – even if they agree to it. This includes deduct- earning. it That means employees earn vacation dur- ing expenses because company property was stolen ing their first year of employment and use it during or damaged, or a customer left without paying. the following year. STATUTORY HOLIDAYS Vacation time is taken in periods of one or more weeks. Employees can ask to take just one or two There are ten statutory holidays in British Columbia: dayst off a a time – it’s up to an employer whether or • New Year’s Day not they want to approve this type of request. Em- • Family Day ployers cannot require employees to take vacation in • Good Friday periods of less than one week at a time. • Victoria Day Vacation pay is at least 4% of an employee’s total • Canada Day wages. Vacation pay increases to 6% after an em- • B.C. Day ployee has worked for the same employer for five • Labour Day consecutive years. • Thanksgiving Day • Remembrance Day Vacationy pa is calculated on all wages earned from • Christmas Day they first da an employee starts employment. It’s considered part of an employee’s total wages for Easter Sunday, Easter Monday and Boxing Day are the year. Vacation pay is not paid to employees who not statutory holidays. work for five calendar days or less. Employees get paid for statutory holidays if they’re Vacationy pa must be paid at least seven days be- qualified.o T qualify for statutory holiday pay, an em- fore an employee starts their annual vacation. If an ployee must: employee and employer agree in writing, employees • Have been employed for at least 30 calendar days can take vacation pay on every pay cheque. AND If employment ends, all outstanding vacation pay • Have worked on at least 15 of the 30 days before must be paid on an employee’s final pay cheque – the statutory holiday (employees who worked even if they worked less than one year. UPDATED AUGUST 2020 WORKING IN B.C. | 3 COMPENSATION FOR LENGTH OF SERVICE of 19 in their care.
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