Employment Law pt. 2
CHAPTE
R
8
Employment Law
What is the Employment Standards Act?
• Provides legal minimum in certain aspects of
employment. Certain jobs are excluded or
covered under other law.
• It is the law when no collective agreement is in
place and there is no union in the workplace.
• Cash jobs? “Working under the table”
Important
• Document, Document, Document.
• Keep every piece of paper relating to your job
and employment.
• Keep a diary of hours worked/overtime and all
pay stubs.
What is minimum wage?
• Minimum wage $14.60 as of June 1, 2020
($15.20 starting June 1, 2021)
• Liquor Servers wage $13.95 June 1, 2020
($15.20 starting June 1, 2021)
• Tips are not considered wages, but must be
declared for income tax purposes
Living Wage
• Metro Vancouver’s living wage: $21/hour.
This is based on a two-parent family with two
children – the most common family unit in BC
– and each parent working full time.
• Employers are currently not required to pay a
living wage, but many are starting to provide
(example: for employees of City of Vancouver)
What if they send you home?
• Must be paid for at least 2 hours
• If you were scheduled for 8 hours then you
must be paid for 4 hours work
When are you entitled to a break?
• After 5 hours of continuous work, you are
entitled to a 30 minute unpaid meal break
• No requirement to provide coffee break
• Employers may ask you to work a split shift, as
long as it does not extend beyond 12 hour period
• Must have at least 8 hours free between shifts
• Must have 32 consecutive hours free from work
each week
How old must you be to work in BC?
• 16+: legally permitted to
work in most industries
• 12 to 15: can work with
permission of one
parent/guardian
• Under 12: can work with
permission of one parent/
guardian and the Director of
Employment Standards
Child Labour Injuries Skyrocket in B.C.
By Daphne Bramham, Vancouver Sun, October 8, 2009
No excessive hours
• an employer must not
require or directly or
indirectly allow an
employee to work
excessive hours or hours
detrimental to the
employee’s health or
safety.
When do you get overtime?
• After 8 hours in a day
• Over 40 hours in a week
• Averaging agreements
• O/T is paid at time and a half (1.5) or double
time after 12 hours of work
Overtime
• Voluntary, unless in emergencies
• Must be authorized or acknowledged
OVERTIME HOURS EXAMPLE
Example: Two Week Period:
Daily hours per week (7 days)
S M T W T F S
a)
b)
8 8 8 8 8 8
8 6 6 8 10
Week totals
Total Reg. OT
48
38
40
36
8
2
• • • • • • • • • • • • • •
How often must you get paid?
• At least twice a month
• Not longer than 16 days
• Must be paid within 8 days of the end of the
pay period
• Must get a pay stub
OVERTIME AS BANKED TIME
• Time in lieu of overtime wage by express written
agreement from the employee only
• Minimum of 1.5 times the number of overtime
hours worked
•Overtime must be authorized or acknowledged
Who pays for a uniform?
• Difference between dress code and uniform
• Employer must pay for uniforms or special
clothing
• PPE or safety equipment
• Laundry
DEDUCTION FROM WAGES
• Employers cannot deduct for:
–
–
–
–
–
–
Broken, stolen or damaged property
Faulty or poor quality work
Customer theft (including dine and dash)
Cash or inventory shortages
Safety equipment
Interest or other fees for cash advances or cashing cheques
• Employees cannot authorize or sign for deductions
that are not allowable
Deductions that are permitted
Statutory deductions:
• Canada Pension Plan (CPP)
• Employment Insurance (EI)
• Income Tax
• Union Dues?
What are B.C’s statutory holidays?
• New Years, Good Friday, Victoria Day, Canada Day,
B.C Day, Labour Day, Thanksgiving Day,
Remembrance Day, Christmas Day, Family Day*
• Must have been employed for 30 calendar days
and worked at least 15 out of the last 30
• If not worked: 1.0 x regular pay
• If worked: 2.5 x regular pay
(*Easter Sunday, Easter Monday, Christmas Eve,
Boxing Day, Valentine’s Day, etc. are not statutory holidays)
You got fired!
• Just cause?
• Graduated notice provision
• After 3 months: 1 week
• After 12 months: 2 weeks
• After 3 years: 3 weeks
(and one week for each additional year worked up
to 8 weeks)
• Common Law factors? (see Employment Law Pt. 1)
How do vacations work?
• Difference between vacation pay
received on paycheque and vacation time off
• After 1 year: 4% vacation pay & 2 weeks off
• After 5 years: 6% vacation pay & 3 weeks off
• Must use it within 12 months of being earned
Unpaid Leaves
(maximum time per year)
• Pregnancy leave: 17 weeks
• Parental leave: 61 weeks if pregnancy leave
taken; 62 weeks if not
• Family responsibility leave: max. 5 days
• Compassionate care leave = 27 weeks
• Bereavement leave = 3 days (child = 2 years)
• Jury Duty
Contact Info
• Employment Standards
1 800 663 3316
• WorkSafeBC
1 800 621 7233
• BC Human Rights Tribunal
1 888 440 8844
• British Columbia Federation of Labour
1 888 223 5669
Employment Law pt. 1
CHAPTE
R
8
Employment Law
OBJECTIVES
1. To define what constitutes an employment
relationship
2. To understand duties and responsibilities of
employers and of employees
3. To consider liability to third parties
4. To understand the role of unions and
collective bargaining
2
CONTRACT OF EMPLOYMENT
Having evolved from master-servant
law, employment law is now contractually based
The foundation of the contract, often of indefinite
duration, is the payment of wages for the
performance of services
If the employee will have access to confidential
employer information or company secrets, the
employee may be required to sign a restrictive
covenant preventing him or her from revealing that
information even after employment ends
3
NATURE OF THE RELATIONSHIP
To distinguish between an employee and
independent contractor, a four part test asks
1.What degree of control is exercised over the
employee by the employer
2.Whose tools does the employee use
3.Who has the best chance to profit
4.Who takes the risk of loss
4
INDEPENDENT CONTRACTORS
The organization test also helps distinguish
between employee and independent contractor
by asking is the person an integral part of the
employer’s business?
An independent contractor works by contract,
exercises discretion as to how the contract will
be accomplished, and may have employees of
his or her own
5
COMPARISON: EMPLOYEE V. CONTRACTOR
The responsibilities of an employer are
higher for its employees in the following ways
1.Vicarious liability for actions of employees
2.Responsibility for payroll taxes and remittances
3.Necessity for supervision of employees
4.Notice requirement for most dismissals
6
DUTIES OF THE EMPLOYER
Statutes govern safety and working
conditions of the physical setting in which
employees perform, training in the use of
safety equipment necessary to meet
occupational health and safety standards and
the exposure of supervisors to liability for
breaches of health and safety statutes
Employment standards legislation governs the
terms of employment contracts and the
application of human rights law in hiring and
employment practices
7
COMMON LAW STANDARDS
Over and above the statutory duties of
employers, there are implied common law
duties associated with compensation for
services as well as the indemnification for
expenditures or losses incurred by the
employee in the carrying out of his or her work
Further, employers must provide appropriate
tools or equipment; and if an employee is not
paid by salary, the employer must share the
formula used to calculate remuneration so the
employee can verify payments
8
DUTIES OF THE EMPLOYEE
Employees owe both specified contractual
duties and implied employment duties to their
employers
Ordinary employees must obey reasonable
instructions, and perform at expected standards
and skills
But senior employees also owe a fiduciary duty
to their employer – one of utmost good faith,
placing the employer’s interest above their own
and not engaging in activities for secret profit
9
CONFIDENTIALITY AGREEMENTS
If an employer may be vulnerable to
suffering a loss as a consequence of
confidential information which employees may
reveal to the public or to subsequent
employers, they may be required to sign a
confidentiality clause when they are hired
Types of confidential information include trade
secrets, client lists, marketing information, and
specific formulas or manufacturing techniques
10
INFORMATION TECHNOLOGY ISSUES
An employers’ information technology
systems should be covered by operational
policies that lead to progressive discipline and
dismissal for abuses
Such policies should preclude an employee’s
harassment of others through company e-mail
accounts, an employee’s creation of a blog to
defame the employer, or the employee’s
hacking into unauthorized areas of employer
information
11
TERMINATION OF EMPLOYMENT
Reasonable notice is required to
terminate an employment contract
for a reason other than just cause
Most provinces and territories have statutory
minimum notice periods relating to the employee’s
length of service (BC: Employment Standards Act)
According to common law, other factors may
increase the amount of notice required, such as the
age of the employee, level of position in the
company, or availability of similar employment
12
DISMISSAL FOR CAUSE
Dismissal without notice is
permitted for a serious breach of the
employment contract, for concurrence in a crime
against the employer, for insubordination, as well
as for serious incompetence or gross negligence
Dismissal for cause is also permitted for
disruption of the corporate culture, which is
employee behaviour that causes injury to the
employer because the employee treats clients
rudely or verbally abuses fellow employees
13
WRONGFUL DISMISSAL
An employee can sue for wrongful dismissal
when he or she is dismissed without cause and
without reasonable notice
The employee is expected to attempt to mitigate
losses by seeking new employment
If the manner of dismissal is particularly
insensitive and callous or if false accusations are
made about the employee, damages for mental
distress may be added to the award of damages
for the wrongful dismissal
14
CONSTRUCTIVE DISMISSAL
When an employee is demoted,
without consent, to a lower paying or
undesirable position, or an employee loses
certain benefits that were previously part of the
employment package, a court may find he or she
has been constructively dismissed
Although the usual remedy in most cases is
damages, Canada Labour Code may permit
reinstatement of employees under its jurisdiction
(only applies to workers in federal government/
federally-regulated industries)
15
EMPLOYER MISREPRESENTATION
Misrepresentation of a position at the time of
hiring may give rise to a lawsuit by an employee
for negligent misrepresentation
Losses that can be claimed include relocation
expenses and losses resulting from resignation
from the employee’s former job
It is important that recruitment personnel avoid
exaggeration of any aspects of the position when
dealing with applicants as a result of this
potential tort
16
EMPLOYER LIABILITY TO THIRD PARTIES
Vicarious liability of an employer will arise for
the acts of employees which happen in the
course of their employment duties
The harm to third parties may occur either
through breach of contract or through
negligence by the employee
However, if the employee conduct falls outside
the scope of their normal employment duties,
the employer is not liable
17
18
Purchase answer to see full
attachment
CHAPTE
R
8
Employment Law
What is the Employment Standards Act?
• Provides legal minimum in certain aspects of
employment. Certain jobs are excluded or
covered under other law.
• It is the law when no collective agreement is in
place and there is no union in the workplace.
• Cash jobs? “Working under the table”
Important
• Document, Document, Document.
• Keep every piece of paper relating to your job
and employment.
• Keep a diary of hours worked/overtime and all
pay stubs.
What is minimum wage?
• Minimum wage $14.60 as of June 1, 2020
($15.20 starting June 1, 2021)
• Liquor Servers wage $13.95 June 1, 2020
($15.20 starting June 1, 2021)
• Tips are not considered wages, but must be
declared for income tax purposes
Living Wage
• Metro Vancouver’s living wage: $21/hour.
This is based on a two-parent family with two
children – the most common family unit in BC
– and each parent working full time.
• Employers are currently not required to pay a
living wage, but many are starting to provide
(example: for employees of City of Vancouver)
What if they send you home?
• Must be paid for at least 2 hours
• If you were scheduled for 8 hours then you
must be paid for 4 hours work
When are you entitled to a break?
• After 5 hours of continuous work, you are
entitled to a 30 minute unpaid meal break
• No requirement to provide coffee break
• Employers may ask you to work a split shift, as
long as it does not extend beyond 12 hour period
• Must have at least 8 hours free between shifts
• Must have 32 consecutive hours free from work
each week
How old must you be to work in BC?
• 16+: legally permitted to
work in most industries
• 12 to 15: can work with
permission of one
parent/guardian
• Under 12: can work with
permission of one parent/
guardian and the Director of
Employment Standards
Child Labour Injuries Skyrocket in B.C.
By Daphne Bramham, Vancouver Sun, October 8, 2009
No excessive hours
• an employer must not
require or directly or
indirectly allow an
employee to work
excessive hours or hours
detrimental to the
employee’s health or
safety.
When do you get overtime?
• After 8 hours in a day
• Over 40 hours in a week
• Averaging agreements
• O/T is paid at time and a half (1.5) or double
time after 12 hours of work
Overtime
• Voluntary, unless in emergencies
• Must be authorized or acknowledged
OVERTIME HOURS EXAMPLE
Example: Two Week Period:
Daily hours per week (7 days)
S M T W T F S
a)
b)
8 8 8 8 8 8
8 6 6 8 10
Week totals
Total Reg. OT
48
38
40
36
8
2
• • • • • • • • • • • • • •
How often must you get paid?
• At least twice a month
• Not longer than 16 days
• Must be paid within 8 days of the end of the
pay period
• Must get a pay stub
OVERTIME AS BANKED TIME
• Time in lieu of overtime wage by express written
agreement from the employee only
• Minimum of 1.5 times the number of overtime
hours worked
•Overtime must be authorized or acknowledged
Who pays for a uniform?
• Difference between dress code and uniform
• Employer must pay for uniforms or special
clothing
• PPE or safety equipment
• Laundry
DEDUCTION FROM WAGES
• Employers cannot deduct for:
–
–
–
–
–
–
Broken, stolen or damaged property
Faulty or poor quality work
Customer theft (including dine and dash)
Cash or inventory shortages
Safety equipment
Interest or other fees for cash advances or cashing cheques
• Employees cannot authorize or sign for deductions
that are not allowable
Deductions that are permitted
Statutory deductions:
• Canada Pension Plan (CPP)
• Employment Insurance (EI)
• Income Tax
• Union Dues?
What are B.C’s statutory holidays?
• New Years, Good Friday, Victoria Day, Canada Day,
B.C Day, Labour Day, Thanksgiving Day,
Remembrance Day, Christmas Day, Family Day*
• Must have been employed for 30 calendar days
and worked at least 15 out of the last 30
• If not worked: 1.0 x regular pay
• If worked: 2.5 x regular pay
(*Easter Sunday, Easter Monday, Christmas Eve,
Boxing Day, Valentine’s Day, etc. are not statutory holidays)
You got fired!
• Just cause?
• Graduated notice provision
• After 3 months: 1 week
• After 12 months: 2 weeks
• After 3 years: 3 weeks
(and one week for each additional year worked up
to 8 weeks)
• Common Law factors? (see Employment Law Pt. 1)
How do vacations work?
• Difference between vacation pay
received on paycheque and vacation time off
• After 1 year: 4% vacation pay & 2 weeks off
• After 5 years: 6% vacation pay & 3 weeks off
• Must use it within 12 months of being earned
Unpaid Leaves
(maximum time per year)
• Pregnancy leave: 17 weeks
• Parental leave: 61 weeks if pregnancy leave
taken; 62 weeks if not
• Family responsibility leave: max. 5 days
• Compassionate care leave = 27 weeks
• Bereavement leave = 3 days (child = 2 years)
• Jury Duty
Contact Info
• Employment Standards
1 800 663 3316
• WorkSafeBC
1 800 621 7233
• BC Human Rights Tribunal
1 888 440 8844
• British Columbia Federation of Labour
1 888 223 5669
Employment Law pt. 1
CHAPTE
R
8
Employment Law
OBJECTIVES
1. To define what constitutes an employment
relationship
2. To understand duties and responsibilities of
employers and of employees
3. To consider liability to third parties
4. To understand the role of unions and
collective bargaining
2
CONTRACT OF EMPLOYMENT
Having evolved from master-servant
law, employment law is now contractually based
The foundation of the contract, often of indefinite
duration, is the payment of wages for the
performance of services
If the employee will have access to confidential
employer information or company secrets, the
employee may be required to sign a restrictive
covenant preventing him or her from revealing that
information even after employment ends
3
NATURE OF THE RELATIONSHIP
To distinguish between an employee and
independent contractor, a four part test asks
1.What degree of control is exercised over the
employee by the employer
2.Whose tools does the employee use
3.Who has the best chance to profit
4.Who takes the risk of loss
4
INDEPENDENT CONTRACTORS
The organization test also helps distinguish
between employee and independent contractor
by asking is the person an integral part of the
employer’s business?
An independent contractor works by contract,
exercises discretion as to how the contract will
be accomplished, and may have employees of
his or her own
5
COMPARISON: EMPLOYEE V. CONTRACTOR
The responsibilities of an employer are
higher for its employees in the following ways
1.Vicarious liability for actions of employees
2.Responsibility for payroll taxes and remittances
3.Necessity for supervision of employees
4.Notice requirement for most dismissals
6
DUTIES OF THE EMPLOYER
Statutes govern safety and working
conditions of the physical setting in which
employees perform, training in the use of
safety equipment necessary to meet
occupational health and safety standards and
the exposure of supervisors to liability for
breaches of health and safety statutes
Employment standards legislation governs the
terms of employment contracts and the
application of human rights law in hiring and
employment practices
7
COMMON LAW STANDARDS
Over and above the statutory duties of
employers, there are implied common law
duties associated with compensation for
services as well as the indemnification for
expenditures or losses incurred by the
employee in the carrying out of his or her work
Further, employers must provide appropriate
tools or equipment; and if an employee is not
paid by salary, the employer must share the
formula used to calculate remuneration so the
employee can verify payments
8
DUTIES OF THE EMPLOYEE
Employees owe both specified contractual
duties and implied employment duties to their
employers
Ordinary employees must obey reasonable
instructions, and perform at expected standards
and skills
But senior employees also owe a fiduciary duty
to their employer – one of utmost good faith,
placing the employer’s interest above their own
and not engaging in activities for secret profit
9
CONFIDENTIALITY AGREEMENTS
If an employer may be vulnerable to
suffering a loss as a consequence of
confidential information which employees may
reveal to the public or to subsequent
employers, they may be required to sign a
confidentiality clause when they are hired
Types of confidential information include trade
secrets, client lists, marketing information, and
specific formulas or manufacturing techniques
10
INFORMATION TECHNOLOGY ISSUES
An employers’ information technology
systems should be covered by operational
policies that lead to progressive discipline and
dismissal for abuses
Such policies should preclude an employee’s
harassment of others through company e-mail
accounts, an employee’s creation of a blog to
defame the employer, or the employee’s
hacking into unauthorized areas of employer
information
11
TERMINATION OF EMPLOYMENT
Reasonable notice is required to
terminate an employment contract
for a reason other than just cause
Most provinces and territories have statutory
minimum notice periods relating to the employee’s
length of service (BC: Employment Standards Act)
According to common law, other factors may
increase the amount of notice required, such as the
age of the employee, level of position in the
company, or availability of similar employment
12
DISMISSAL FOR CAUSE
Dismissal without notice is
permitted for a serious breach of the
employment contract, for concurrence in a crime
against the employer, for insubordination, as well
as for serious incompetence or gross negligence
Dismissal for cause is also permitted for
disruption of the corporate culture, which is
employee behaviour that causes injury to the
employer because the employee treats clients
rudely or verbally abuses fellow employees
13
WRONGFUL DISMISSAL
An employee can sue for wrongful dismissal
when he or she is dismissed without cause and
without reasonable notice
The employee is expected to attempt to mitigate
losses by seeking new employment
If the manner of dismissal is particularly
insensitive and callous or if false accusations are
made about the employee, damages for mental
distress may be added to the award of damages
for the wrongful dismissal
14
CONSTRUCTIVE DISMISSAL
When an employee is demoted,
without consent, to a lower paying or
undesirable position, or an employee loses
certain benefits that were previously part of the
employment package, a court may find he or she
has been constructively dismissed
Although the usual remedy in most cases is
damages, Canada Labour Code may permit
reinstatement of employees under its jurisdiction
(only applies to workers in federal government/
federally-regulated industries)
15
EMPLOYER MISREPRESENTATION
Misrepresentation of a position at the time of
hiring may give rise to a lawsuit by an employee
for negligent misrepresentation
Losses that can be claimed include relocation
expenses and losses resulting from resignation
from the employee’s former job
It is important that recruitment personnel avoid
exaggeration of any aspects of the position when
dealing with applicants as a result of this
potential tort
16
EMPLOYER LIABILITY TO THIRD PARTIES
Vicarious liability of an employer will arise for
the acts of employees which happen in the
course of their employment duties
The harm to third parties may occur either
through breach of contract or through
negligence by the employee
However, if the employee conduct falls outside
the scope of their normal employment duties,
the employer is not liable
17
18
Purchase answer to see full
attachment
