Employment Standards Act of BC

If you report to work what is the minimum number of hours you can be

paid for

2 hours if your shift was 8 hours of less4 hours if your shift was longer than 8 hours

Are you entitled to a coffee break?

No

How much work do you have to do before you get paid overtime?

If you work more than 8 hours in a day you get time and a half (of your normal wage) for the next 4 hours, and double time for any work beyond that.

If you work more than 40 hours in a week you get time and a half (of your normal wage) for the next 8 hours and double time for all hours over 48

Are there exceptions to the rules surrounding overtime

Yes

Can you refuse to work overtime?

No, you can be fired for refusing to work overtime (just like you could be for refusing to work a regular shift)

What are the nine Statutory Holidays in BC?

New Years DayLabour DayGood FridayThanksgiving DayVictoria DayRemembrance DayCanada DayChristmas DayB.C. Day

If you qualify for Statutory Holiday pay, how much do you get paid if you do not work on a Statutory Holiday?

An average day’s pay. This is calculated by dividing “total wages” earned in the 30 calendar days before the statutory holiday by the number of days worked

If you qualify for Statutory Holiday pay, how much do you get paid if you

work on a Statutory Holiday?

• Time and a half for the first 12 hours worked and double time for any work over 12 hours plus an average day’s pay

How long after you start a job, do you qualify for Statutory Holiday pay?

• At least 30 calendar days

Is there a minimum number of days that you would have to work in order to qualify for Statutory Holiday pay?

Yes, at least 15 of the previous 30 days prior to the Statutory Holiday

If you are a manager would you be entitled to extra pay for working on a

Statutory Holiday?

• No, managers are one of several exceptions to the rules surrounding statutory holidays.

What is the minimum wage for employees who have less than 500

hours of paid employment?

• $6/hr

What is the minimum wage for employees who have more than 500

hours of paid employment

• $8/hr

If you are working as a server and a customer “dines and dashes” can the price of their meal be taken off your

wages? Out of your tips?

No, and no. Employers cannot require that an employee pay for any portion of an employer’s business cost. This includes expenses arising from theft, damage, breakage, poor quality work, damage to employer property or failure to pay by a customer.

How many times per month must an employee be paid?

• At least twice a month

How much notice does an employer have to give before they lay you off?

It depends on how long you have been working for them:

0 – 3 months: No notice required3 months - 1 year: 1 week notice1 year - 3 years: 2 weeks notice3 years – 4 years: 3 weeks notice

After four years you get an extra week each year to a maximum of 8 weeks

If an employer doesn’t give you enough notice what do they have to

do?

Pay you what you would have earned in the notice time you were entitled to

Are there times when an employer doesn’t have to give you notice or pay

to lay you off?

Yes, if you were fired for “just cause”

Some examples for just cause are:TheftFraudAssault or harassment of co-workersSerious willful misconductConflict of interest

What is just cause?

Unsatisfactory performance, absenteeism or tardiness can be considered just cause if the employee was clearly warned, given reasonable time to improve and still failed to meet the requirements.

It is the employer’s duty to prove just cause.

How many days after you stop working for an employer do they have to pay

all wages owed?

• 6 days if you quit• 2 days if they lay you off