What follows is a brief review of your obligations under the Employment Standards Act on the key issues of overtime, uniforms, tips, dine-and-dash, cash shortages, vacations, split shifts, call-in, statutory holidays and breaks.
Overtime
Overtime must be paid to all employees who are not employed as managers, at the rate of time and a half after eight hours and double time after 12 hours, unless an averaging agreement is in place. Averaging agreements must be in writing, must be signed by the employer and the employee in advance of the schedule starting, and must be for a specified length of time.
Uniforms
Uniforms must be provided by the employer at no cost to the employee. The employer must either clean the uniform or make allowance for the employee to clean the uniform (such as a payment on each pay cheque to cover the cost of soap and laundry).
Tips
Tips are not wages. The ESA does not generally deal with issues regarding tips unless the employer is using the tips to cover the cost of doing business (paying for breakage, letting employees work for tips rather than wages, etc.).
Dine-and-dash
If a customer leaves without paying, that is a regrettable cost of doing business. An employee cannot be asked to cover the bill.
Cash shortages
Employees cannot be compelled to make up cash shortages, and cash shortages cannot be deducted from pay cheques.
Vacations
Employees are entitled to four per cent of their gross annual wages in vacation pay and no fewer than two weeks off for vacation time, after they have completed one year of service. After five years, they are entitled to six per cent of their gross wages and three weeks' leave.
Split shifts
All split shifts must be completed within a 12-hour time frame.
Call-in
Employees who report for work are entitled to a minimum of two hours' pay, even if they do not perform any work and are sent home because they are not needed.
Statutory holidays
Employees must be paid statutory holiday pay if they worked 15 or more of the 30 days prior to the statutory holiday. If there is an averaging agreement, the employee becomes entitled to statutory holiday pay if they worked at any time within the 30 calendar days preceding the holiday.
If an employee is required to work on a statutory holiday, they are entitled to 1.5 times their regular rate of pay for the first 12 hours worked and double time after 12, plus an average day’s pay. If the employee is entitled to statutory holiday pay, but the holiday falls on his or her day off, he or she is entitled to a day’s pay. Employees who did not work 15 of the previous 30 days would receive regular wages if they work, and no additional wages if they are off that day.
Breaks
An employee must be given a one half-hour meal break after working for five hours. If the employer expects the employee to stay at the work place and interrupt the break if a customer needs service, the full half-hour must be paid.
Adapted from BC Restaurant News (September 2003). Information provided by HARRIS & COMPANY. For more information about HARRIS & COMPANY, please visit harrisco.com.
