Employment Standards Assignment

1. What is the Employment Standards Act?

Who is not covered by this act?

Managers are not covered by Section 4 and 5 of the act. Federal government workers are also excluded, as they are
being dealt on a federal level (The ESA is on a provincial level). Independent contractors are also excluded, as they
are not employees. CPAs (Or any member of the Organization of CPAs of BC), professional engineers, Law Society of
BC members, registrant of the College of Chiropractors, Physicians and Surgeons, Naturopathic Physicians,
Optometrists, Podiatric Surgeons and Dental Surgeons of BC, insurance agents, foresters, and people licensed under
the Real Estate Services Act and the Securities Act section 35 are not covered by this act. Babysitters, secondary
students who work in their own schools, income assistance or benefits under the BC Benefits (Income Assistance)
Act, a youth allowance or benefits under the BC Benefits (Youth Works) Act, or a disability allowance or benefits
under the Disability Benefits Program Act.

2. Minimum Wage:
Are there two minimum wages? Explain. What are the new minimum wages going to be?
There are two minimum wages: One for normal workers ($10.85) and one for liquor servers ($9.60). The new
minimum wage, effective September 15, 2017, is $11.35/hr.

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?
The minimum amount of hours that you are paid is 2.
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?
He must pay 1.5 times more in overtime, so 11 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?
The employee must pay 2 hours for every employee, as that is the minimum amount of hours that you are paid
when you show up to work.

How many times a month must your boss pay you?

The boss must pay twice a month, at least every 16 days.
4. Work Breaks:
How often does an employer have to give you a 30 minute meal break?
The boss must give a meal break at least every 5 hours.
How many coffee breaks does an employer have to give you?
Legally, your employer is not required to provide you with coffee breaks.
What is a split shift?
Split shifts are two periods of work done by a figure, but dont touch another (etc. 7-9am, 5-8pm are split)
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.
The employer is not allowed to do this, as January 18th and February 10th are more than 16 days apart.
What must appear on your written or electronic pay statement (pay stub) each pay period?

- The employers name and address;

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

What is vacation pay? How much is it?

Vacation pay is a wage you receive during annual vacation. For employees who worked in their workplace
between 1-5 years, it is 4% of their previous yearly wage. For employees who worked more than 5 years, it is 6%.
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?
The employer is required to pay for all safety equipment.

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.
As a dress code, not a uniform, you are responsible for supplying the outfit.
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.
A piece of clothing with the company logo is considered a uniform, so the employer is responsible for supplying and
cleaning it. However, the dark-coloured pants/skirt are to be the employees burden, as it is not a specific thing.

8. Deductions:
What deductions must you pay (or have come off your cheque)?
An employee must pay income tax, EI, CPP off their gross wage.
What deductions are optional (your choice) to have come off your pay cheque? Provide examples.
Union or professional dues are optional, and if an employer requests such dues, you have the right to decline.
9. Statutory Holidays:
What are the two (2) conditions that you must meet in order to be paid for a statutory holiday?
They must be of at least 30 days employed, and worked at least 15 out of 30 days before the holiday.
How much do you make per hour if you work a statutory holiday?
First 12 hours: 1.5 times normal wage, After 12 hours: 2 times normal wage (all of this + a days pay)
Holiday pay ineligibles are paid normally.

10. Leaving the Job:

Do you have to give your employer advance notice that you are quitting your job?
It is not legally required, but it is suggested.
Why would it be a good idea to let them know?
It would be a good idea, as they can be of future reference, and a well-shaped leave would leave a good
impression as well.
What does being laid off mean?
It means that you are discharged (terminated if not temporary) from your workplace, meaning you dont need to
come to work, and your boss doesnt need to pay you.
When would you get terminated?
The temporary layoff would be a non-temporary one after 13 weeks/20 weeks; therefore you would be terminated
once the layoff exceeds 13 weeks out of 20 weeks.
What are some reasons that an employer can fire you? Does the employer have to give you notice that you are
being fired?
There are several reasons to be fired: One is being fired with just cause, which includes using non-prescription drug
s during work hours, intentional disobeying of your superiors, ignoring a workplace policy, being dishonest, etc.
There are other reasons, such as misconduct, poor performance, and stealing.
Employers do not need to give you notice if you work at a construction firm, hired for a specific project under 12
months or any period, or refuse work the employer offered.
If you are fired how long does the employer have before s/he must pay all your wages?
If you were not fired for just cause or reasons that do not require notices, the employer must pay all wages within
48 hours of the firing.
What is a Record of Employment (ROE)?
It is a document provided by your employer that records the duration of employment, salary, and reasons of
termination. Its purpose is to determine if the employee has the rights to receive EI. One can have more than one
ROE.

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: At least 2 weeks after 4 years: at least 2 weeks, however after 5 years it is at least 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?
Because that would be a useful evidence to prove a violation of the ESA, which is helpful to you or your co-worker
who has been affected by violation.
Why do you think it would be a good idea to keep a record of the days and hours you have worked?
It is a good idea to keep record for multiple reasons, for example your employer might pay you less than you were
supposed to be paid and you can prove that youve worked more than the work required to get that wage,
whether the employers actions were intentional or unintentional.

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

It is strongly your responsibility to know your rights as a worker, because your rights can be violated without you
knowing it, and when not knowing those rights, you might be stripped of some benefits you were supposed to have.