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Employment Standards Assignment

1. What is the Employment Standards Act?


It provides a set of standards for British Columbian employee conditions and wages and guarantees that those standards
are met if not exceeded.
 Who is not covered by this act?
o Those who have their own acts such as the Legal Profession Act and the Real Estate Services Act.
2. Minimum Wage:
 Are there two minimum wages? Explain. What are the new minimum wages going to be?
o A liquor server’s minimum wage is different from the regular minimum wage; the liquor server’s minimum
wage is going to be $10.10 and the regular minimum wage is going to be $12.35.
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.
 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 4 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.
 How many times a month must your boss pay you?
o 2 times a month.

4. Work Breaks:
 How often does an employer have to give you a 30 minute meal break?
o After a maximum of 5 hours of continuous work.
 How many coffee breaks does an employer have to give you?
o There is no set amount of coffee breaks; it is up to the employer.
 What is a split shift?
o It is when an employee has their original shift split into two different times of duty. All of the hours must
be completed within 12 hours of the start of the first shift.
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 because they were paid twice within the month and the pay period did not exceed 16 days.
 What must appear on your written or electronic pay statement (pay stub) each pay period?

o The employer’s name and address;


o The hours worked by the employee;
o The employee’s wage rate, whether hourly, salary, flat rate, piece rate, commission or other incentive
basis;
o The employee’s overtime rate(s);
o The hours worked at the overtime rate(s);
o Any money, allowance or other payment the employee is entitled to. (This would include vacation pay or
statutory holiday pay);
o The amount and purpose of each deduction;
o If the employee is paid other than by the hour or by salary, how the wages were calculated;
o The employee’s gross and net wages;
o Any amounts withdrawn from the employee’s time bank and how much time remains

(bullets from: https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-


standards/factsheets/paying-wages )

 What is vacation pay? How much is it?


o It is what the employer pays the employee on every check instead of vacation time. It is 4-6% of the
employee’s gross wage.

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 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 must supply the clothing because, unlike the safety gear, it is a generic choice of uniform and is
easily accessible.
 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 company must supply the shirt due to the specific logo but the pants or skirt may be supplied by the
employee because they are more generic. The employee is responsible for cleaning their own clothing.

8. Deductions:
 What deductions must you pay (or have come off your cheque)?
o Income tax, EI and CPP.
 What deductions are optional (your choice) to have come off your pay cheque? Provide examples.
o Any amount paid to a third party such as medical premiums (extended health or dental) or charitable
donations.
9. Statutory Holidays:
 What are the two (2) conditions that you must meet in order to be paid for a statutory holiday?
o You must have worked for the company for 30 days before the statutory holiday and you must have earned
wages for 15 of the 30 days directly before the 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 then double time for any hours exceeding that.

10. Leaving the Job:


 Do you have to give your employer advance notice that you are quitting your job?
o The Act does not require an employee to give notice but the common courtesy is to give two weeks notice.
 Why would it be a good idea to let them know?
o So that your employer can find a replacement for you.
 What does being laid off mean?
o Being fired from your job.
 When would you get terminated?
o If you break any company rules or willfully commit any misconduct.
 What are some reasons that an employer can fire you? Does the employer have to give you notice that you are
being fired?
o Substance abuse or possession at work, theft, fraud, assault or harassment, breaking company rules, or if
there is any conflict of interest. Yes they do have to give notice if the offence is minor but for serious matters
such as theft they do not have to give notice.
 If you are fired how long does the employer have before s/he must pay all your wages?
o They must pay all of your wages within 48 of your termination if you have been fired, if you quit they have six
days.
 What is a Record of Employment (ROE)?
o It is a record of your earnings after you leave a company for any reason and is used to determine if you qualify
for EI benefits and how much.

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? After 4
years?
o After finishing one year of employment you are entitled to 2 weeks of vacation. It is only after 5 years that the
amount changes to 3 weeks.

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 If it goes to court you have written proof for legal purposes.
 Why do you think it would be a good idea to keep a record of the days and hours you have worked?
o To ensure you are getting paid correctly.

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


o Because you should not have to depend on your employer and so that you are informed and cannot be
tricked by your employer.

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