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Example: An employee who resides in Burnaby is employed to work on construction sites from Vancouver to Hope. They are not entitled to travel time from their residence to the construction site(s) and return. If they were required to report to a construction site in Whistler, the travel time from their residence to the site and return would be considered work. Also, time spent travelling between construction sites is considered work.

“platform work assignment” means a platform work offer that is accepted by a delivery services worker or ride-hail services worker;

(d) direct selling of a product referred to in paragraph (a) if the sales are done at the operation and are only done during the normal harvest cycle for that product,

Example: A project leader for a corporation is responsible and accountable for overseeing a contract to implement a new computer system including the purchase and installation of computer equipment. This individual has no employees reporting to them but is responsible for a large budget including the monitoring and evaluation of financial status reports while reporting to the executive vice president in charge of project management.

(c) A person employed in aquaculture. Webster’s Dictionary defines “aquaculture” as “the regulation and cultivation of water plants and animals for human use or consumption”.

Transitional provisions connect former legislation and new amendments. Find out more about recent transitional provisions and consequential amendments to the Employment Standard Act and Regulation.

Examples of employment conditions include, but are not limited to, wages, payment of wages, benefits, job classification, job responsibilities, hours of work, and where the work is to be performed.

Example: An employee is required to work from Monday to Thursday on a 24-hour basis in a group home for troubled teens. The employee provides counselling and supervises the preparation of meals and clean-up. The employee works a pattern of 4 days on followed by 4 days off. They are provided with a personal bedroom and bathroom in the group home to stay in while working. During their days off the employee returns to their own home.

(b) is employed in the private residence, for periods of 12 hours or less in any 24 hour period, primarily to provide the disabled person with care and attention during the night,

“sitter” means a domestic worker, or other person, who is employed in a private residence solely to provide child care, but does not include any of the following:

Right of recall applies to an employee working under a collective agreement. “Right of recall” means when an employee is laid off, they retain the right to be brought back to work under the provisions of a collective agreement. A person on layoff with recall rights is considered an employee.

At the written request of an employee, overtime wages may be banked. Overtime wages paid into the time bank must be paid out at the same rates required under ss.37(4), (5), or (6), or s.40 of the Act.

When an employee is paid a yearly wage: Yearly wage divided by 52 times lesser of normal or average weekly hours of work.

A “farm worker” also includes a person whose primary employment responsibilities consist of the initial washing, cleaning, sorting, grading or packing of an:

Note: A determination issued under s.79 of the Act for unpaid wages must include the imposition of an escalating monetary penalty, subject to s.98 of the Act. The penalty, although not considered wages under the Act is treated as wages for the purposes of collection as noted in s.98(4).

Example: An employee accepts an offer to work for $50,000 a year as a "manager". Part of the agreement is that the annual salary is to cover all hours worked. Generally speaking, the employee works 45 hours a week. During the spring, they work 55 hours a week.

A domestic worker is a person whose employment duties include domestic chores such as cooking, cleaning, laundry, or child care for the employer. Domestic workers may live in the private residence of their employers.

Under the Employment Standard Act and Regulation, there are several different categories of employees who provide care and home services and these other types of employees should be distinguished from a "live-in home support worker". They include:·

(6) There is no engaged time in relation to a platform work assignment if the delivery services worker or ride-hail services worker

"online platform worker" means a person who performs prescribed work that the person accepts through an online platform;

Under subsection 35(1) of the Regulation, Part 4 of the Act, (except ss. 36 and 39) does not apply to a resident caretaker.

Example: I am required to drive a drill truck to work and to use that truck and equipment during my work day. Am I entitled to be paid for driving the truck to work?

"determination" means any decision made by the director under section 30(2), 66, 68(3), 73, 76 (3), 79, 80(3), 100 or 119;

“applicable online order” means an order placed and paid for by means of a delivery services online platform if the following conditions are satisfied:

A person providing information on employers or who provides a forum for the placement of advertisements by persons seeking employment is not an employment agency.

(a) Growing, raising, keeping, cultivating, propagating, harvesting or slaughtering the product of a farming, ranching, orchard or agricultural operation;

Section 34(h) of the Regulation excludes a “fish camp worker” ” from the provisions of Part 4 of the Act, Hours of Work and Overtime, when employed in connection with a commercial fishing operation. This applies only to a broker.

Example: An employee drives a mini-van that seats 8, 1 driver and 7 passengers and charges those passengers a fee for transporting them. The employee would not be considered to be a bus operator as the motor vehicle does not seat more than 7 passengers.

Example: I am the lead hand, and am expected to make sure there is a complete crew before leaving the marshalling point to drive the crew to the job site. Am I entitled to travel time?

A "practicum" is part of a formal education process for students enrolled in a public or private post-secondary institution that involves the supervised practical application of previously classroom taught theory related to course study. The students are usually engaged in studies to obtain a degree so as to pursue a career in education, medicine, or engineering. A practicum is "hands-on" training that is required by the curriculum, and will result in a certificate or diploma. It is not considered to be “work” for the purposes of the Act.

Example: My job requires that I travel to different job sites throughout the city during a normal working day. Am I entitled to travel time? You would not be entitled to wages for the time spent travelling to the first job site, or returning home from the last. You would be entitled to wages for the time spent travelling from one job site to another during the day.

Definitions under the Employment Standards Regulation are interpreted narrowly because they take away benefits and protection conferred by the Act. All employment conditions, as described in the definition, must be met in order to qualify as a sitter.

Engaged time doesn’t count the time spent between assignments. If a worker cancels an assignment before they started to perform it, the time doesn’t count as engaged time.

In the Labour Relations Code, a union is an organization or association of employees that helps regulate relations between employers and employees through collective bargaining.

“Truck” is a motor vehicle larger than a van used to transport freight. Mini-vans and pick up trucks are not included in the definition; cube vans are. A tractor, used in combination with a trailer for road, and off-road, hauling of freight is a truck.

Note: The director will determine whether or not an “operation” is included in the definition of “farm worker” and whether an employee of such an operation is performing the work of a “farm worker” through investigation on a case-by-case basis.

(d) if an employee is paid a monthly wage, the monthly wage multiplied by 12 and divided by the product of 52 times the lesser of the employee's normal or average weekly hours of work, and

The period in which to determine “average” weekly hours of work is not provided by statute. The director has discretion to determine the time period when determining "average" hours of work, up to and including the full one-year statutory recovery period.

The definition of “farm worker” does not include a person whose principal employment responsibilities on the farm include things such as:

Travel time is the time spent by an employee who, while acting on instructions from the employer, is providing a service to the employer when travelling to and from a work place. Providing a service means bringing employer provided tools, and equipment, materials, supplies, and in some cases, other employees, to the work place. Time spent travelling during the working day, going from one work place to another is work for which wages must be paid.

Example – Piece Rate: A factory worker who is paid on a piece rate basis works one 10-hour day in the pay period. The employee packages nuts and bolts and is paid for each sealed package as follows:

An employer must not, directly or indirectly, withhold, deduct or offset any employee’s earnings for any reason without their written authorization. Such authorization does not include an agreement by an employee to pay any of an employer’s business costs. This type of deduction is a contravention of s.21(2) of the Act.

The exception, however, would be when the employer places restrictions on the activities of the employee that were so severe so as to have the same effect as specifying a place. For example, an employee whose employer expects a response within an hour of being paged is not considered to be at work, however, one who must report to the workplace within five minutes of being paged is, since the employee would have to be within blocks of the workplace in order to meet this expectation.

An application for certification of a bargaining unit by a trade union must be made to the B. C. Labour Relations Board.

A “tender vessel worker” must be employed on a vessel outfitted or designed for the purpose of collecting and transporting fish.

Section 3 of the Act explains how the Act applies to employees covered by a collective agreement. A “collective agreement” defined in s.1 of this section is a written agreement between a trade union and an employer (or an employer’s organization authorized by the employer).

Where an employee is paid on a flat rate, piece rate, commission or other incentive basis, regular wage is determined by dividing an employee's wages by the employee’s total hours of work during the same pay period.

Gratuities (tips) are paid by customers to the person who served them, in appreciation for the service. They are excluded from the definition of wages but if an employer uses them to pay business costs they are deemed to be wages and can be recovered under the Act. (See section 21(3)).

That is, an employee must be recalled within 24 hours after their specified recall date or their employment is considered terminated.

Example: The child of an elderly person pays an individual to provide live-in care at the elderly person’s residence for 4 days per week. The individual is required to bring their own food while at the residence or is charged $5.00 for the cost of the food that they eat.

An assignment must be in writing specifying the purpose, amount, and duration of the deduction. It must be dated and signed by the employee.

This employee is not a residential care worker because, although they are required to stay on the premises during the course of their shifts and they are employed to care for and supervise persons in a group home, the group home is not where the employee resides. In order for the employee to meet the definition of a Residential Care Worker they must reside in the group home or a family type dwelling for the whole duration of their employment, not just during a series of work shifts.

This definition does not include bus operators employed by a company transporting its own employees to and from work locations, such as a farm labour contractor operation, logging company, or mining operation.

Commission Sales: Refer to Employment Standards Regulation s. 37.14 for information on the application of legislation to a salesperson paid entirely or partly by commission.

"domestic worker" means a person who is employed at an employer's private residence to provide cooking, cleaning, child care or other prescribed services;

Under s.37.4(2) a person employed as a newspaper carrier for 15 hours or less in a week, is exempt from the following sections of the Act:

A representative member is a person referred to in Part 12 of the Act, who, on behalf of the Employment Standards Tribunal, decides appeals and reconsiderations of determinations issued by the Director.

(b) with at least 25% of its content composed of editorials, news and articles of local or common interest other than advertising,

"Talent Agency" means a person who, for a fee, engages in the occupation of offering to procure, promising to procure, attempting to procure or procuring employment for actors, performers, extras, or technical creative film persons.

We are open to the public! While we do specialize in police and security supplies, the public is welcome with some restrictions with what is available.

A “producer” is a person who engages the services of a farm labour contractor in connection with the planting, cultivating or harvesting of an agricultural product.

Example: An employer requires all tips paid through credit or debit cards to be put in a tip pool. At the end of each month, after paying for dine-and-dash meals, for spillage, and for breakage, the employer distributes the remaining amount to all employees. This activity is a contravention of the Act.

(b) in relation to an employee's shift that continues over midnight, the 24 hour period beginning at the start of the employee's shift;

Manager may be entitled to extra pay for extra work: Although a manager is excluded from the hours of work and overtime provisions of the Act, they are entitled to be paid for all hours worked, according to their terms of employment. In some cases this could result in a manager being entitled to additional compensation. Where there is evidence to support findings that the employer and the employee agreed that a specific number of hours of work would be compensated by a specific amount of wages, the employee would be entitled to extra wages for the extra time worked based on their regular rate of pay.

“Piece rate basis” means the rate of pay is based on a measurable quantity of work completed. Piece rates must meet or exceed minimum wage. “Primarily” means that at least 75% of wages for silviculture work are paid on an incentive basis.

The Act includes workers who may not be employees at common law. The Regulation excludes certain workers from coverage under the Act, some of whom may be employees at common law.

"construction" means the construction, renovation, repair or demolition of property or the alteration or improvement of land;

Where “normal” weekly hours of work cannot be established, such as when hours of work fluctuate, “average” weekly hours of work will be used.

The time spent by a driver of a vehicle on a ferry vessel, if the ferry trip is normally less than two (2) hours duration, namely, all trips between the lower mainland, Vancouver Island and the Sunshine Coast, is considered to be work.

A “live-in camp leader” is entitled to be paid a daily rate for work performed on any day, or portion of a day. s.16(2) of the Employment Standards Regulation establishes the minimum daily wage for a live-in camp leader.

Example: An employee works for a company that provides after-school tutorial services to children who need help with math and reading. The employee holds a teaching certificate.

The employee is a teacher under the Regulation because they meet the definition of "teacher" in the School Act. They hold a certificate of qualification and are employed by a board to provide an educational program to students in a school.

There are special rules and exclusions from provisions of the Act for taxi drivers, pursuant to Section 37.1 of the Employment Standards Regulation.

A person employed in an executive capacity is considered to be a “controlling mind” of the business. They need not be the owner. They may have titles such as General Manager, Manager of Operations, comptroller, or Director.

A conclusion about whether the principal employment responsibilities consist of supervising and/or directing employees, or other resources, depends on a total characterization of that person’s responsibilities, and may include, but is not limited to:

(e) if an employee is paid a yearly wage, the yearly wage divided by the product of 52 times the lesser of the employee's normal or average weekly hours of work.

An employee can be "on-call" virtually anywhere and need not be at a specific location designated by the employer. When that employee responds to a page, or a cellular call, the employee has in effect, "reported" to work and is entitled to minimum daily pay under s.34 of the Act. This has the effect of "reporting to work" and is not limited to physically reporting to the workplace.

The definition of “day” protects employees whose shift straddles midnight. For example, employees are entitled to overtime when working a shift longer than eight hours, even if the shift straddles midnight.

The eligibility criteria in (a) and (b) must be met before an employee can be defined as a “first aid attendant”. The Occupational Health and Safety Regulation defines a "first aid attendant" as "a person who holds a valid first aid certificate issued by the Board or by a person recognized by the Board and who is designated as a first aid attendant by the employer". Section 44(d) of the Employment Standards Regulation identifies when a “first aid attendant” is excluded from overtime pay under section 40 of the Act. See also Appendix 3 - Oil and Gas Well Drilling and Servicing Occupations - Hourly Rate of Pay.

"Live-in" does not mean permanently resides at the workplace. It is considered to mean that the employee stays at the workplace during their shift schedule, much like a municipal fire fighter.

There are special rules for newspaper carriers regarding entitlements under the Employment Standards Act. Refer to s.37.4 of the Regulation.

"determination" means any decision made by the director under section 30(2), 66, 68(3), 73, 74(5), 76(1.1) or (3), 79, 80(3), 100 or 119;

It explains the process that an employer must follow when establishing a common date for calculating family responsibility leave entitlement under s.52 of the Act. An employee’s rights under s.52 must not be reduced because an employer calculates family responsibility leave on a common date.

"collective agreement" means the same as in the Fishing Collective Bargaining Act, the Labour Relations Code, or the Public Service Labour Relations Act;

An assignment of wages is a deduction from wages, authorized in writing by the employee for their benefit, such as pension or medical plans, union dues, charitable donations or credit obligations. An example of a credit obligation is an agreement to pay for goods purchased, which may include a purchase from the employer.

Section 40 of Bill 8 – 2019: Employment Standards Amendment Act, 2019 provides that the prior definition of "determination" below applies for complaints received and not resolved before August 15, 2021:

Conditions of employment are given broad interpretation under the Act, rather than a restrictive interpretation. Conditions of employment can be oral, through verbal commitment or practice, or in a written contract, or in a collective agreement.

(b) if an employee is paid on a flat rate, piece rate, commission or other incentive basis, the employee's wages in a pay period divided by the employee's total hours of work during that pay period,

Section 63 of the Act outlines the compensation for an individual employee’s termination. Section 64 of the Act sets out group termination in the case of 50 or more employees being terminated at a single location.

Persons employed in an auction hall are not considered to be farm workers within the meaning of the Regulation. Activity taking place in an auction hall is not considered to be farming or ranching. It is a medium to buy and sell animals or other products of the operation.

(a) growing, raising, keeping, cultivating, propagating, harvesting or slaughtering the product of a farming, ranching, orchard or agricultural operation,

Note: Refer to Employment Standards Regulation s. 37.14 for information on the application of legislation to salespersons paid in whole or in part by commission.

(c) money, including the amount of any liability under section 63, required to be paid by an employer to an employee under this Act,

For truck drivers that are employed to drive a truck, usually for a distance exceeding a 160 km radius from their home terminal, refer to definition of “long haul truck driver” under this section.

An employee is designated as being "on-call" when the employer provides the employee with a pager, cell phone or other form of electronic communication which allows the employee a range of mobility so the employee can be away from their residence and continue to be an on-call employee. Since the employee is not at a place designated by the employer, the employee is not considered to be at work.

Example: A driving instructor drives from their residence to the first student driver without reporting to the business office. This time is not considered work. If the instructor was required to report to the business office before picking up the student driver the time spent driving from the business office to the student driver is considered work. Also, time spent driving between student drivers is considered work. Time spent returning to their residence after instructing the last driver of the day or from the business office is not considered work.

Example: An employee wants some time off work, and with the employer’s knowledge arranges for a co-worker to cover the shift. That co-worker is entitled to be paid by the employer, even if the extra shift means the employer incurs extra liability for wages such as overtime.

Prior to operating, an “employment agency” must be licensed by the Employment Standards Branch. For further information on the Act’s requirements for employment agencies, see Part 2, ss. 10, 11, and 12 and licensing requirements in the Employment Standards Regulation.

An employee who is on a leave of absence is entitled to the provisions of the Act. A leave of absence does not affect entitlement to the minimum standards under the Act and length of service accrues as if the employee were present at the workplace. Subsection (e)

This arrangement is distinguished from one where employees may choose to carpool to work. If an employer provides a vehicle to an employee, and that employee uses it to pick up other employees at a meeting place they have chosen at a designated time, both driver and passengers are considered to be commuting, and therefore, wages are not earned during the trip. It is considered a convenience.

The employee is not entitled to extra pay for the additional hours worked as they agreed to be paid the $50,000 a year regardless of the number of hours worked. If they had agreed to work for $50,000 a year based on a 45 hour work week, the employee may have been entitled to further compensation.

While the employee spends some time supervising staff, their principal duty is serving customers. They do not have sole responsibility for disciplining nor do they have a large degree of discretion to change work routines, decide on staffing levels or alter shift schedules.

This individual is a live-in home support worker because the majority of their wages are from a government funded program, they are not charged room and board, they care for a mentally disabled person and when working, they live in the residence on a 24-hour per day basis.

Example: The person employed to drop off or deliver newspapers to newspaper carriers is not delivering directly to a customer or household and therefore is not a “newspaper carrier”.

The Act does not have jurisdiction over a person who works as an independent contractor. See discussion on employee/independent contractor at the end of this section.

Wages do not include gifts or money paid strictly at the discretion of the employer that are not related to hours of work, production or efficiency.

Employees are considered to be at work while attending meetings conducted or arranged by their employer where they are instructed or provided information that serves a business purpose.

All the eligibility criteria in (a), (b), and (c) must be met before an employee can be defined as a “live-in camp leader”.

Employers can require employees to pool their tips, and to share them with those employees who work in positions that otherwise have no access to tips, but who a reasonable person would assume would share in the tips.

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Example: An employee works for a local school board to provide educational instruction to children at an elementary school. They hold a teaching certificate from a university.

Section 63 of the Act establishes the amount of compensation for length of service an employer must provide when terminating an employee’s employment. This amount is recoverable as wages under the Act.

“online work earnings” means money that is paid or payable to a delivery services worker or ride-hail services worker for platform work assignments;

Example: An employee drives a 12-seat passenger van. Their employer supplies the van in order to pick up other co-workers to work at various work locations at no charge to the employees. The employee would not be considered to be a bus operator as the van is not available for public use and/or the passengers are not charged a fee for the transportation.

For purposes of this definition, “resides” refers to the “usual and normal domicile of the person." In this case, where the employee lives as opposed to stays while working.

For truck drivers that are employed to drive a truck, usually for a distance within a 160 km radius from their home terminal, refer to definition of “short haul truck driver” under this section.

Example: I work at the head office in Burnaby, and my employer tells me to work at our branch office in Kelowna for a week. Am I entitled to travel time?

Section 4 of the Act prohibits employers and employees from contracting out of the Act. For this reason, a worker is not an independent contractor simply because they signed a written agreement to that effect. The definitions in the Act are central in determining the true nature of the relationship including whether the worker is an employee or independent contractor.

Refer to definition of “employee” under this section for information on how to distinguish an employer/employee relationship from one involving an independent contractor.

This section describes situations for divided roads and illustrates how superelevation is applied for each situation.

There can be more than one resident caretaker to an apartment building. In some cases, an employer may choose to have a “day” or an “evening” resident caretaker, if they meet the criteria as described in the definition.

In accordance with the definition of “week” in this section, for overtime purposes, a week is a 7 consecutive day period beginning on Sunday at 12:01 am and ending at midnight on Saturday.

A person employed in aquaculture is not included in the definition of “fisher”. Aquaculture includes fish farms. A person employed at a fish farm is not a “fisher” for purposes of this definition. The Provincial Fisheries Act defines “aquaculture as follows:

Example: An employee works from 7:30 am to 3:30 pm on Monday, Tuesday and Wednesday. They have completed three days of work.

Example: Three nights a week, an individual stays at the residence of mentally disabled person and provides care for that person. The individual’s wage is primarily funded by Veteran’s affairs to provide home support services, and partially from other sources. While at the residence, room and board are provided free of charge.

Under s.117 of the Employment Standards Act, the Director of Employment Standards may delegate the director’s functions, duties or powers under the Act.

What is an apartment building? Any building, with more than 8 residential suites, that has the appearance and characteristics of an apartment building, such as common entry, and hallways, is considered by the director to be an apartment building. It should be noted that the caretaker’s unit is included when determining the number of suites.

If a truck driver is required by an employer to remain with the truck this is considered to be work and the employee is entitled to wages for this period of time.

This definition refers to the Society Act, which has been repealed and replaced by the Societies Act. Section 32(2) of the Interpretation Act indicates that this definition’s reference to the former act should be construed as a reference to the new legislation.

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“short haul truck driver” means a person employed to drive a truck, usually for a distance within a 160 km radius of their home terminal;

"right of recall" means the right of an employee under a collective agreement to be recalled to employment within a specified period after being laid off;

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"textile worker" means a person employed to make fabrics or fabric articles, including clothing, in a private residence.

Under s.25 of this Regulation, interest on money owing by an employer is calculated based on the “prime lending rate”, in accordance with the above definition.

(a) a payment voluntarily made to or left for an employee by a customer of the employee’s employer in circumstances in which a reasonable person would be likely to infer that the customer intended or assumed that the payment would be kept by the employee or shared by the employee with other employees,

Job title or payment method does not define “manager:” The fact that a person is classified as a manager, or is identified by other employees as one, does not of itself mean that the person is a manager. The form of payment (salary, hourly wage, commission) is not necessarily indicative of a “manager."

When calculating overtime or for any purpose under s.37 (averaging agreements) or s.52.1 (compassionate care leave), a week always starts on Sunday at 12:00 am and ends at midnight the following Saturday.

Example – Flat Rate: A worker in a transmission repair shop is paid a book or “flat rate” for fixing a transmission in a car. The book states that the job should take 10 hours. The employer agrees to pay the employee 10 hours at $40 per hour to do the job or a flat rate of $400, regardless of the actual hours of work. This does not make the employee’s rate of pay $40 per hour. If the employee completes the job in 6 hours they are also paid $400.00. There is no overtime payable as the actual hours worked to do the job were not more than eight. If the employee takes 20 hours to do the job, (two 10-hour days), and that was all the work performed in the pay period, the employee’s rate of pay would be $400 divided by 20 hours = $20.00 per hour. The employee would be entitled to be paid:

Silviculture involves reforestation workers performing work in the various activities as set out in subsection (c) in this definition.

Example: In a small restaurant, an employee, without the employer’s permission or knowledge, asks a friend to help wash dishes. The employer discovers the friend three hours later and asks them to leave. That person is an employee who is entitled to be paid wages for hours worked since he or she performed work normally performed by an employee.

The courts have developed several common law tests to distinguish between employees and independent contractors. These tests are less important than the statutory definitions but can be useful to help identify some factors to consider.

“delivery services online platform” means an online platform that connects delivery services workers with persons who require the services of those workers;

(b) a payment voluntarily made to an employer by a customer in circumstances in which a reasonable person would be likely to infer that the customer intended or assumed that the payment would be redistributed to an employee or employees,

An employee’s employment is considered terminated if they are not recalled within 24 hours after their specified recall date.

A farm labour contractor must be licensed under s.13 of the Act. A person who engages the services of a farm labour contractor in connection with the planting, cultivating or harvesting of an agricultural product is defined as a “producer” in this section.

(5) If a delivery services worker or ride-hail services worker accepts a platform work offer but does not begin to carry out the platform work assignment at the time the offer is accepted, engaged time does not begin until the worker begins to carry out the assignment.

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The B.C. Public Service acknowledges the territories of First Nations around B.C. and is grateful to carry out our work on these lands. We acknowledge the rights, interests, priorities, and concerns of all Indigenous Peoples - First Nations, Métis, and Inuit - respecting and acknowledging their distinct cultures, histories, rights, laws, and governments.

Example: If the primary employment duties were to look after a child including performing other duties such as cooking the family dinner and grocery shopping, the employee would not be considered a sitter because the sole duties were not restricted to attending to the child.

For the purposes of the Act, once the right of recall expires, an employee is considered terminated as referred to in “temporary layoff” in this section.

(i) an unprocessed product of the operation during the normal harvest cycle for that product, or (ii) during the same harvest cycle referred to in subparagraph (i), the same or similar unprocessed product purchased by the operation from another farming, ranching, orchard or agricultural operation;

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Any money an employer agrees to pay on behalf of an employee under s.26 of the Act must be paid in accordance with the terms of the employment contract. Where an employer fails to make the remittance, as required, these amounts are recoverable as wages under Part 10 and 11 of the Act.

YES, since you are performing work, by ensuring that there is a complete crew available before taking it to the job site, you are entitled to wages for the travel time.

Under the Act “settlement agreements” are treated the same for wage collection purposes as a determination issued by the director naming a person responsible for unpaid wages.

Example: An employee works for a large retail chain as a Pharmacy Manager. The retail chain hires the employees they supervise. The employee is not a pharmacist but is responsible and accountable for supervising and directing the day-to-day activities of the department including staff. They are in charge of merchandising, advertising, budget and policy development and other administrative functions related to the operation of the pharmacy.

"Talent agency" means a person that, for a fee, engages in the occupation of offering to procure, promising to procure, attempting to procure or procuring employment for actors, performers, extras, or technical creative film persons.

For the purposes of the definition of “temporary layoff” in the Act, subsection (a) applies to all unionized employees with a right of recall in a collective agreement. Under section 1(2) of the Regulation, “exceeds” means the specified recall cannot be exceed by more than 24 hours.

There are special rules and exclusions from provisions of the Employment Standards Act for silviculture workers, pursuant to s.37.9 of the Employment Standards Regulation.

To be considered an “employment agency” a person must be receiving a fee for recruiting or offering to recruit employees for employers.

“home care worker” means a person who is employed in a private residence solely to provide care for an adult, but does not include any of the following:

“Radius” is the distance from the home terminal “as the crow flies”. It does not refer to the actual number of kilometers that a person drives on a given trip.

(b) A landscape gardener or person employed in a retail nursery, even if it is located at the same site as an agricultural operation.

If employees are on call and must remain at a specific location, the employees must be paid wages because they are still under the employer's direction and not free to pursue their own interests. In general, employees' time that is controlled by the employer is paid time. The exception to this rule is when employees are required to remain on call at home.

Example: An employee works in a downtown office as a receptionist and has a monthly salary of $3,500/month. Their daily working schedule is 8:00 am to 5:00 pm with a one hour unpaid lunch break for a total of 8 hours worked per day, 5 days per week, for a total of 40 hours per week. Based on the employee's monthly salary, regular wage would be calculated as follows:

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Example: An employee works as a shift supervisor in a fast food outlet. While they spend most of their time serving customers and taking cash, they are also in charge of three or four other employees. As shift supervisor, they assign duties from a list of routine tasks, deal with customer complaints, call in staff to fill in for staff absences, balance the cash at the end of the shift and lock the restaurant. The employee sometimes assists in interviewing job applicants but is not responsible for choosing who will be hired.

(c) more than 50% of the directors, trustees, officers or like officials of which deal at arm’s length with each other, ...

Example: An employer requires that servers put 15% of the tips they receive into a pool. At the end of each shift, the pool is shared with other employees who do not receive tips (e.g. hosts, bussers and cooks). The pool is distributed according to a formula agreed on by the employees. This activity does not contravene the Act.

“Executive capacity” includes: The exercise of substantial authority in making key decisions critical to the business such as:

This person is a night attendant because they work for periods of less than 12 hours in 24 overnight at the residence, are provided with somewhere to sleep and their primary duties are to provide the disabled person with care and attention during the night.

“ride-hail online platform” means an online platform that connects ride-hail services workers with persons who require the services of those workers;

Under s.15 of the Act a person employing a textile worker in a private residence must register that worker with the director.

Under the definition of “wages” in the Act, wages include any money paid or payable by an employer to an employee for services rendered or labour provided. This includes any incentive related to an employee’s work performance, or the performance of the company.

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"director" means the Director of Employment Standards appointed under the Public Service Act and, in relation to a function, duty or power that the director has under section 117 of this Act delegated to another person, "director" includes that other person;

Under subsection 35(2) of this Regulation, an employer must post a caretaker’s work hours and days off work and also give the caretaker a copy of the schedule.

A resident caretaker is available to perform duties during all designated hours. In addition to the requirement to reside at the workplace, the other consideration is the nature of work performed.

(b) no part of the income of which is payable to, or is otherwise available for, the personal benefit of any proprietor, member, shareholder, trustee or settler thereof,

Example: A meeting to review new stock control procedures is considered to be work. That attendance at such a meeting is not mandatory does not mean attendance is not work.

If an employer requires an employee to remain in their residence to await a call to work the employee is considered on call and as such is not considered at work.

Example: An employee works Tuesday to Friday at the downtown office and Saturday at the satellite office in the suburbs. In this case, regardless of the location, the employee is not entitled to wages for the trip to and from the workplace.

In certain circumstances, however, wages must be paid for time spent travelling to and from the job site. If an employer instructs an employee to report directly to a workplace different from the normal one, whether or not the travel time is paid work is determined by:

Section 34(x) of the Regulation excludes a “residential care worker” from the hours of work and overtime provisions of Part 4 of the Act.

(a.1) all the resources of which are devoted to charitable activities carried on by the organization itself or to making qualifying disbursements,

"Truck” is a motor vehicle larger than a van used to transport freight. Mini-vans and pick up trucks are not included in the definition; cube vans are. A tractor, used in combination with a trailer for road, and off-road, hauling of freight is a truck.

“fishing vessel” means any vessel used, outfitted or designed for the purpose of catching, processing or transporting fish.

"long haul truck driver" means a person employed to drive a truck usually for a distance exceeding a 160 km radius from their home terminal;

Example - Commission: The regular wage of an employee earning a commission paid on a bi-weekly basis is calculated according to the following formula: In the 2-week pay period the employee received $1,920.00 and worked 8 hours a day, 6 days a week totaling 96 hours during the pay period. The regular wage is calculated in the following manner: $1,920.00 divided by 96 hours = $20.00 per hour is the regular wage. The employee would be entitled to be paid:

Where a definition relies on the wording “includes”, it is considered to be an inclusive definition and should be given broad and liberal interpretation. The Employment Standards Act relies upon, but is not restricted to, common law definitions.

Under the Employment Standards Act and Regulation, there are several different categories of employees who provide care and home services and these other types of employees should not be confused with a “domestic worker”. They include:

When a determination is issued under s.79 of the Act finding a contravention of the Employment Standards Act or the Employment Standards Regulation, an escalating monetary penalty must be imposed, subject to s.98 of the Act. The amount of the penalty will escalate in accordance with s.29 of the Employment Standards Regulation.

The Labour Relations Board has Provincial jurisdiction over applications concerning employees and employers under the B.C. Labour Relations Code.

Activities performed to meet a pre-hiring condition of employment such as acquiring or maintaining certifications (for example, an air brake ticket, commercial driver’s licence or first aid certificate) are not considered training for the purposes of determining whether a person is an employee under the Act.

A “resident caretaker” must live in the apartment building. This means the apartment building is the usual and normal domicile of the person.

Where parties have entered into a written contract that the director finds to be an employment contract, the terms of the contract will be considered in the context of the requirements of the Act. The director can enforce contracts that provide for more than the minimum requirements of the Act.

Example: An employer surprises each employee with a $100 gift certificate. This payment is discretionary and not considered wages.

If temporary layoff is permitted, employers may temporarily lay off employees for up to 13 weeks in a consecutive 20-week period. The 20-week period begins on the first day of the layoff and the 13-week period is exceeded on the first day of the 14th week of layoff. The layoff is deemed to be a termination of employment once the 13 weeks of layoff are exceeded.

A “determination” or decision of the director made under any of these sections may be appealed to the Employment Standards Tribunal. Where a determination is issued under s.79 of the Act, naming a person that has contravened a requirement of the Act or the Employment Standards Regulation, the determination will also include an escalating monetary penalty, subject to s.98 of the Act.

The term "independent school" in the Independent School Act means a school that is, or is to be, maintained and operated in British Columbia by an authority and:

Section 34(a.1) of the Regulation excludes a “wilderness guide” from the provisions of Part 4 of the Act, Hours of Work and Overtime.

For any other purpose, such as Part 5 Statutory Holidays, Part 7 Annual Vacation, and Part 8 Termination of Employment, the period of seven consecutive days can begin at 12:00 am on any day of the week.

Example: An employee is employed by a charity to work at a summer camp. They are responsible for the care of a group of twelve-year-olds and archery instruction for other campers. They live on-site, are available 24 hours per day and are not charged for food or rent.

If an employee drives their own vehicle to and from work, the driver is not considered to be working, but is considered to be commuting. Therefore, wages would not be earned for the trip even if the employer pays for vehicle expenses.

Generally, employees are not entitled to wages for commuting to and from work. There are occasions when the time an employee spends getting to and from the work place is considered to be work.

(c) is operated for or on behalf of a person who charges or collects compensation for transporting passengers in that motor vehicle;

Gratuities (tips) are paid by customers to the person who served them, in appreciation for the service. Although gratuities are not wages, the Act provides that employers cannot take them or withhold them from the employee who earned them. This includes tips that are paid by customers to the person who served them, or mandatory gratuities or service charges large groups are required to pay.

A person who works for another and is entitled to wages, regardless of whether they are employed on a part-time, full-time, temporary, or permanent basis. The director may also recover wages on behalf of a deceased employee.

Under s.34(f) of the Employment Standards Regulation, a “manager” is excluded from the hours of work and overtime requirements of the Act.

A domestic worker must also be registered in accordance with s.15 of the Act and s.13 of the Employment Standards Regulation.

(a) A person employed to process farm, ranch, orchard or agricultural products to an altered or different state. Example: A person employed to do things such as drying herbs, juicing, wine making, cheese making, canning or preserving fruit products is not a “farm worker”.

Note: Section 34(w) of the Regulation excludes a “night attendant” from the hours of work and overtime provisions of the Act.

If a person is performing either supervising or directing functions as their principal employment duties they are considered to be a manager. Supervising and/or directing describes the function of overseeing and controlling activities of staff and business resources and accountable for the outcome of such activities including, but not limited to, responsibility for:

"farm worker" means a person employed in a farming, ranching, orchard or agricultural operation and whose principal employment responsibilities consist of

An “internship” is on-the-job training offered by an employer to provide a person with practical experience. Often internships are offered to persons who have completed a diploma or degree program and are seeking employment. Completing an internship does not itself result in an academic certificate or diploma. If the duties performed by interns fall within the definition of “work” contained in the Act, the intern falls within the definition of “employee”, and the agency using the services of an intern falls within the definition of “employer”, internships will be considered “work” for the purposes of the Act.

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(e) in Parts 10 and 11, money required under a contract of employment to be paid, for an employee's benefits, to a fund, insurer or other person,

A newspaper is a publication that is composed of at least 25% of news and editorial content and articles of local or common interest, other than advertising. In addition, it must be published on a regular schedule, at least once a month. A newspaper may include advertising circulars and/or materials known as flyers.

(c) is involved in reforestation field work including clearing brush, cone picking, creek cleaning, harvesting seeds, applying herbicide, reclamation work, herding sheep, site preparation, stand sanitation, building trails, fertilizing, girdling, planting, pruning, spacing or distributing trees, weeding, or supervising any of these field activities;

"employment agency" means a person who, for a fee and for employers, recruits or offers to recruit employees, except employees

Section 149.1 of the Income Tax Act (Canada) defines a charity as a "charitable organization or charitable foundation." A charitable organization is defined in the Income Tax Act (at time of writing) in part as:

"wilderness guide" means a person employed primarily to guide, teach or assist one or more persons while those persons are engaged in recreational activities in a wilderness environment, including the following activities:

Employees who are paid primarily by the hour, by the day or on a salary basis are not considered piece rate workers and do not qualify as a “silviculture worker”.

When training time is considered "work" for the purposes of this Act: Employers are required to pay for the training an employee needs in order to learn how to do their job at the employer’s business. Training directed by the employer, or on the employer’s behalf, which is related to performing the employment duties the employee has been hired to do is considered work. For example, an employee must be paid while they are being trained how to do such things as use tools and equipment, follow procedures in the workplace, assist customers and handle money and other forms of payment. When training time is not considered work for the purposes of this Act: Training to obtain or maintain a permit, licence, certificate or ticket which enables the holder to seek employment with any number of employers is not considered to be “work”. Therefore, an employer is not required to pay for time spent by an employee to obtain and maintain “portable” permits issued, certified or mandated by the government. Some examples are a driver’s licence, a “FOODSAFE” food handling certificate or a security guard licence.

"insolvency Act" means the Bankruptcy and Insolvency Act (Canada), the Companies' Creditors Arrangement Act (Canada) or the Winding-up and Restructuring Act (Canada);

Any training done at the request of the employer for the benefit of the employer or the employer's business is considered to be work done by an employee. Anyone performing such work is entitled to wages. This includes activities such as:

Employers cannot deduct business costs from a tip pool, or from tips to which the employer has access, such as those made through debit or credit cards. An employer may not charge an employee for costs such as a "dine-and-dash fund."

To be considered a “newspaper carrier” the employee must be delivering a “newspaper” as defined in this section of the Regulation.

Contracts may have conditions which contravene s.4 of the Act. Where a contract has certain provisions which purport to waive requirements of the Act, those sections will be considered of no effect and the minimum standards of the Act will be applied.

(b) money that is paid or payable by an employer as an incentive and relates to hours of work, production or efficiency,

To determine an employee's entitlements, the Act requires compensation to be converted to an hourly rate, regardless of the method of payment.

but does not include a person employed in a hospital or nursing home or in a facility designated as a community care facility under the Community Care Facility Act or as a Provincial mental health facility under the Mental Health Act or in a facility operated under the Continuing Care Act;

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Amounts payable to an employee under the Act can be recovered by the director as wages through the Act's wage recovery mechanism. This includes any money ordered to be paid by the director in a determination under s.79 including:

Any person an employer allows, directly or indirectly, to perform work normally done by an employee is an employee under the Act. The employer is expected to have control and direction over the workplace including all persons performing work. A person may become an employee without the employer's permission or immediate knowledge.

“Farm worker” includes a person employed in various farming, ranching, orchard or agricultural operations including, but not limited to:

(a) in the case of an employee who has a right of recall, a layoff that exceeds the specified period within which the employee is entitled to be recalled to employment, and

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(a) back-country skiing, cat-skiing, heli-skiing and snowshoeing; (b) biking; (c) canoeing, kayaking, rafting and jet boating; (d) dogsledding; (e) hiking; (f) horseback riding; (g) mountaineering and rock climbing; (h) operating all-terrain vehicles or snowmobiles; (i) wildlife viewing

A live-in home support worker is entitled to be paid a daily rate for work performed on any day or portion of a day. Section 16(1) of the Employment Standards Regulation establishes the minimum daily wage for a live-in home support worker.

In determining who the proper employer is, for purpose of the Act, or if both business entities are employers the employment relationship will be scrutinized to determine:

Vacation pay included in piece work rate for certain farm workers: Under s. 18(1) of the Regulation, vacation pay is included in the pieces rates listed for the hand harvesting of various berry, fruit or vegetable crops. The daffodil piece rate does not include vacation pay

“Commercial fishing” is not identified in the Employment Standards Act or Regulation. The provincial Fisheries Act adopts the concept of commercial fishing developed in the federal legislation. Under the federal Fisheries Act , in the context of licensing and regulating commercial fishing, a fishing vessel is defined as follows:

In the absence of an express or implied provision allowing temporary layoff, a layoff constitutes termination of employment.

Example: A person runs an informal weekly meeting to provide hiring advice for people seeking employment. They often present job information from their business contacts that are looking for employees. They provide this information as a service without payment from anyone.

(a) is employed to supervise or care for anyone in a group home or family type residential dwelling, and (b) is required by the employer to reside on the premises during periods of employment,

A broad and liberal interpretation of “immediate family” is considered by the director to include common-law spouses, step-parents, and step-children, or same sex partners and their children.

a corporation or trust that is constituted and operated exclusively for charitable purposes, no part of the income of which is payable to, or is otherwise available for, the personal benefit of any proprietor, member, shareholder, trustee or settlor thereof, and is not a charitable organization.

A collective agreement is a set of terms and conditions of employment that has been agreed to by an employer and a union. The nature of the employment determines which of the three statutes would apply.

The group notice and /or termination pay requirements of s.64 are in addition to the employer's liability, if any, to the employee in respect of individual termination under s.63 of the Act, or under the collective agreement, as the case may be.

“aquaculture” means the growing and cultivation of aquatic plants, as defined in section 12, or fish, for commercial purpose, in any water environment or in human made containers of water, and includes the growing and cultivation of shellfish on, in or under the foreshore or in water”.

(e) a person employed to process the products of a farming ranching, orchard or agricultural operation other than to do the initial washing, cleaning, sorting, grading, or packing of

When an employee is paid a monthly wage: Monthly wage X 12 divided by 52 times lesser of normal or average weekly hours.

Under s.78 of the Act, the Director of Employment Standards can assist parties in reaching a settlement agreement to resolve complaints under the Employment Standards Act. Settlement agreements are binding and may be filed in Supreme Court for enforcement.

A person employed on a commercial fishing vessel who receives a share or portion of the proceeds from a fishing venture is a “fisher” for purposes of this definition. “Proceeds” is not defined in the Act or the Regulation. As the definition of “proceeds” can be either a gross amount or a net amount, the parties must be sure they clearly understand what the employee’s share is based on.

In general, reporting to a different place at the beginning of the shift is not paid travel time, except if the place is far away from the normal workplace.

The definition of “employee” as discussed above, as well as the definitions of “employer” and “work” are intended to cover as many work relationships as possible. The Act is benefits conferring legislation. It must be construed in a broad, generous and purposive manner. Any doubt arising from how the definitions fit a particular fact situation is to be resolved in favor of the worker.

Employment responsibilities of a manager include where the person exercises authority and discretion while performing certain actions or roles on behalf of the employer, and is personally accountable for the results. Accountability in this context is linked to the employer’s business objectives as opposed to the routine completion of a task. It is essential for the definition of “manager” that the responsibility that the employee has is principal to their employment.

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Under subsection 36(1) of the Employment Standards Act, a resident caretaker is entitled to at least 32 consecutive hours free from work each week, or they are entitled to pay equal to one and-a-half times their regular wage for time worked during this 32-hour period.

Example: An employee works in the private home of a disabled person for periods of 9 hours per night. Their primary duties while at the residence include assisting the disabled person with their personal needs. They are paid for their services by the disabled person’s family, and are provided with a room in the residence to sleep.

"newspaper carrier" means a person who sells or delivers newspapers directly to customers or households, but does not include a person who is engaged in bulk delivery;

(c) a payment of a service charge or similar charge imposed by an employer on a customer in circumstances in which a reasonable person would be likely to infer that the customer intended or assumed that the payment would be redistributed to an employee or employees, and

The definition of "independent school" in the Independent School Act does not include a school that solely offers religious or language instruction. Schools that provide tutorial services or other supplemental educational services to school age children are also not included by designation of the inspector.

An acute or chronic illness or disability is considered as any condition that incapacitates a person. Disability can be mental or physical.

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(a) is employed by an agency, business or other employer providing, through a government funded program, home support services for anyone with an acute or chronic illness or disability not requiring admission to a hospital, and

The employee meets the definition of a live-in camp leader as those in their care are under 19 years of age, the employee is available 24 hours per day, is not charged room and board and is employed by a charity.

"farm labour contractor" means an employer whose employees work, for or under the control or direction of another person, in connection with the planting, cultivating or harvesting of an agricultural product;

Some employers require employees to report to a designated marshalling point from which they are taken to the job site. The employer may provide a vehicle or arrange with an employee to drive others in their vehicle. Since reporting to the marshalling point is reporting to a place designated by the employer, the clock starts there and the driver and passengers are entitled to wages.

(3) For the purpose of section 52 of the Act, “employment year” means a year beginning on a common date that is used by an employer to calculate family responsibility leave for all employees under section 52 of the Act, so long as this does not result in a reduction of any employee’s rights under that section.

On November 1st, 1995 the new Employment Standards Act and Regulation replaced the former Act. The former Act means the Employment Standards Act, S.B.C. 1980, c. 10.

An employee working as a lead hand or shift supervisor is usually not considered to be a “manager” because, while they may supervise the work of other employees on their particular shift, it generally is not their principal responsibility. In such instances they are generally not given the authority to determine staffing levels, discipline staff or commit company resources.

For exceptions to the requirements set out in this section other than the time period of a temporary layoff, refer to section 65(1)(d).

If the director determines under s.79 of the Act that a person has contravened the requirement to keep and maintain records in accordance with s.28 of the Act the employer will be subject to an escalating monetary penalty, subject to s.98 of the Act, as specified in the Employment Standards Regulation, s.29.

Example: A person is responsible for the operation of a commercial fishing vessel which operates with 5 other crew. This person is paid 16% of whatever profit the vessel makes per trip. This person is a fisher because they are employed on a vessel engaged in commercial fishing and receives a portion of the proceeds from the fishing venture.

(b) that meets the requirements of section (2)(e) of the Schedule and otherwise qualifies for a certificate of group classification, or

Government funding includes funds from Veteran Affairs, and Health, but not Workers Compensation, or ICBC. When funding comes from a number of sources, including government, if the majority of funding is government, the Director deems all funding to be government for the purposes of determining whether an employee is a live-in home support worker. A person can be a live in home support worker, therefore, even if some of the work performed is not funded through a government program.

“Usually” refers to whether the truck driver’s regular practice is to make long haul or short haul trips. The designation as “short haul” or ”long haul” is dependent on a comparison of the time spent driving within or outside 160 km radius from the home terminal. For truck drivers that are employed to drive a truck, usually for a distance within a 160 km radius from their home terminal, refer to definition of “short haul truck driver” under this section.

Example: A flyer on its own does not count as a newspaper because it does not contain at least 25% editorial, news and local or common interest content. If a flyer were included in a publication with a newspaper format, which was composed of at least 25% of the content specified above, then the flyer and newspaper together would be considered a single newspaper.

"technical creative film person" includes a film director, director of photography, production designer, art director, person involved in writing or rewriting scripts, hair stylist, make-up artist, costume designer, or animal coordinator involved in the production of a film, video, television show or television commercial.

A fundamental term of an employment contract is that an employee works and is paid for their services. An employer cannot temporarily lay off an employee unless temporary layoff:

Time spent by an employee performing labour or service for an employer is time worked and time for which wages are payable. Labour or service can be performed in the employee's residence or elsewhere.

(c) if an employee is paid a weekly wage, the weekly wage divided by the lesser of the employee's normal or average weekly hours of work,

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The Act does not apply to employees under federal jurisdiction. Refer to s.3 for information on how to determine what work falls under federal jurisdiction.

Example: A client receives $400.00 a month from Old Age Security (O.A.S.) and Guaranteed Income Supplement (G.I.S.). The client has no other source of income and purchases the services of a home support worker using only this income. The O.A.S. and G.I.S. income is not considered to be government funding as the client receives the income regardless of whether they purchased the home support services.

"statutory holiday" means New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, British Columbia Day, Labour Day, National Day for Truth and Reconciliation, Thanksgiving Day, Remembrance Day, Christmas Day, and any other holiday prescribed by regulation;

For a home support service to be considered a "government funded program" either it must receive the majority of its funding directly from the government through a contractual arrangement for the provision of home support services, or it must be receiving indirectly monies that have been designated by government specifically for the purchase of home support services.

The time period of a temporary layoff for reasons related to the COVID-19 emergency may be extended to a maximum of 24 weeks, expiring on August 30, 2020. For more information, refer to section 45.01 of the Employment Standards Regulation.

(a) a person whose principal employment duties consist of supervising or directing, or both supervising and directing, human or other resources, or

(a) is provided with sleeping accommodation in a private residence owned or leased or otherwise occupied by a disabled person or by a member of the disabled person ’s family, and

Payroll records, including a record of daily hours worked, must be kept for all employees regardless of the method of payment or duration of employment. These records must be kept for both current and past employees for a period of 4 years after employment ends.

and includes advertising circulars and advertising materials known as flyers that are sold or given away as part of a newspaper;

Typically construction involves a bid process or construction contract relating to development of a project that has a predictable completion date. In general:

A licensed talent agency may receive wages from employers on behalf of a client, including a technical creative film person, who has performed work in the film and television industry and the agency may deduct a commission from those wages in accordance with s.38.1 of this Regulation.

For the purposes of this Act, a week is a period of seven consecutive days. This is the case regardless of the pay period used by an employer.

The onus is on the employer to prove that the employment relationship provides for a temporary layoff in one of the above ways. In situations where temporary layoff is permitted by the terms and conditions of employment, the Act limits the length of the layoff.

A person who performs work for the employer’s benefit while being evaluated for a job must be paid, even if the work performed does not result in an offer of continuing employment.

Each case will be determined on its own merits considering whether the type of work meets the definition of "construction" or whether it is considered to be a service or maintenance.

The longer a person works for another, the more closely the worker’s duties are connected to the purpose of the business and the more the person who pays the worker controls the material, directs the activities and earns the profit or suffers the loss, the more likely it is that the relationship is one of employer/employee.

Example: An employer requires an applicant to work a four hour shift to see if they can handle the work. The applicant is an employee who is entitled to be paid for work performed.

The overriding question is “whose business is it?” Is the person who is doing the work doing it as a person in business for themselves?

A person who performs an evaluation or test, such as a word processing test, given to prospective employees as part of an interview process, is not considered an employee and the test is not work.

The Act applies to all employees under provincial jurisdiction regardless of status (casual, probationary, temporary) or hours worked (full time, part time). An employee is entitled to be paid wages in accordance with the Act for work performed, subject to the exemptions and exclusions in the Regulation.

(2) An employee is deemed to be at work while on call at a location designated by the employer unless the designated location is the employee's residence.

Section 37 of the Act allows an employer and an employee to make a written agreement to average hours of work over a period of 1 to 4 weeks. The overtime wages an employee is entitled to are specified by this section.

In accordance with s.17 of the Employment Standards Regulation a resident caretaker must be paid at least the resident caretaker minimum wage.

A pay period may be as long as 16 calendar days, and there must be at least two pay periods in a month. An employer must ensure that employees are paid at least twice a month and within eight days after the end of the pay period.

Under Regulation s.32(1)(c), the Act does not apply to a sitter who works for an average of 15 hours or less per week in any 4-week period.

“Normal” weekly hours are the weekly hours an employee is regularly expected to work. “Normal” weekly hours refers to a circumstance in which the employee has a consistent schedule of hours of work from week to week as part of their conditions of employment and those hours usually do not fluctuate from week to week.

For purposes of this section, a “manager” includes employees whose principal responsibility is the supervision and/or direction of “human resources” (i.e., employees or contractors), or “other resources” (financial and material resources). Principal "employment responsibilities”

Under s.37.4(1) a newspaper carrier who is enrolled in, or on vacation from a primary or secondary school and is employed as a newspaper carrier for 15 hours or less in a week, is exempt from the Act in its entirety.

Online work earnings means money earned by online platform workers for assignments. The distance expense allowance doesn't count as online work earnings.

"conditions of employment” means all matter and circumstances that in any way affect the employment relationship of employers and employees;

Example: A sales manager in a car dealership has a yearly salary of $60,000/year. Their weekly working schedule is 48 hours/week. Based on the yearly salary, the sales manager's regular wage would be calculated as follows: $60,000 divided by (52 weeks X 48 hours. per week = 2496) = $24.04/hour regular wage

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Payroll records including a daily record of hours worked must be kept for all employees, regardless of whether they are paid on an hourly rate, commission, piece rate or other incentive basis. Employers of employees who are excluded from certain provisions of the Act are also required to keep payroll records under this section.

"termination pay" means, for each week of notice an employee is entitled to, the amount obtained by totaling the employee's weekly wages, at the regular wage, during the last 8 weeks in which the employee worked normal or average hours of work and dividing the total by 8;

Delivery services workers pick up and deliver online orders for customers who ordered the product through an online platform.

It should be noted that a silviculture “manager” is treated in the same manner as any “manager”. A manager is excluded from Parts 4 and 5 of the Act. A working supervisor who spends the majority of their time performing the same work as the employees they supervise would not be considered a “manager” for purposes of the Act.

Employee of a contractor: An employee of a contractor, other than a farm labour contractor, does not become a “farm worker” when a job is being done on a farming, ranching, orchard or agricultural operation. To be considered a "farm worker" a person must be employed by the operation and the principal employment duties must consist of one or more of those listed in the regulation.

(a) a person, including a deceased person, receiving or entitled to wages for work performed for another, (b) a person an employer allows, directly or indirectly, to perform work normally performed by an employee, (c) a person being trained by an employer for the employer's business,

"work" means the labour or services an employee performs for an employer whether in the employee's residence or elsewhere.

Example: An employee’s scheduled shift starts at 10 pm in the evening and ends at 6 am the following morning. The employee works this shift starting on Monday, Tuesday, and Wednesday. They have completed three days of work even though the shift ends at 6 am on the fourth day of that work week.

This provision applies to employees covered by a collective agreement. Section 1(2) of the Employment Standards Regulation states that for purposes of subsection (a) above, “exceeds” means the specified recall cannot be exceeded by more than 24 hours.

Section 40 of the Act sets out the rates of pay that an employer must pay to an employee who works more than 8 hours in any day or more than 40 hours in a week.

(b) work described in section 1.1 (b) that is offered to ride-hail services workers by means of a ride-hail online platform;

YES. If you are required to drive the employer's truck to the job site so that it will be there for your use during the day, you are entitled to be paid for travel time to the job site. If you drive other employees to the job site, they are considered to be passengers who are commuting, and they are not entitled to wages for the travel time.

Under s.14 of the Act, an employer of a domestic worker is required to provide an employment contract setting out the conditions of employment, including the duties to be performed. An employer may not charge a domestic worker more than the monthly rate for room and board specified in s.14 of the Employment Standards Regulation.

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Example: A client is allocated $400.00 a month by a government agency to purchase home support services. If the client chooses to not purchase the services, they will not be paid the $400.00. This funding is considered to be government funding as the client only receives the money if the home support services are purchased."

Under the Act, any week in which an employee earns less than 50% of regular wages is considered to be a week of layoff for purposes of Part 8, Termination of Employment. Refer to s.62, definition of “week of layoff.

“Radius” is the distance from the home terminal “as the crow flies”. It does not refer to the actual number of kilometres that a person drives on a given trip.

A person who has recall rights under a collective agreement remains an employee until those rights expire or are terminated by the employee.

"fish camp worker" means a person employed at a camp as a broker to purchase fish and to arrange for their transportation to a processing plant;

Under the Employment Standard Act and Regulation, there are several different categories of employees who provide care and home services. Under the definition of “residential care worker” certain persons are specifically excluded from the category of "residential care worker." They include: