Ch 6 Alyssa *done

Question 1

Employment standards legislation sets out:

Answer 1

minimum terms and conditions of work (hours, OT, holidays, vacay)

Question 2

t/f: employer cannot exceed minimums set by ESA

Answer 2

F

Question 3

T/F employee can waive rights

Answer 3

F

Question 4

t/f ESA covers all employees

Answer 4

F. Most employees. Some are excluded from all or part of the act. ie. professionals, students working for credits or school projects, managerial, supervisors, independent contractors, unionized employees (textbook)

Question 5

T/F if parties agree, employer is bound by the more generous terms than the ESA sets out

Answer 5

T

Question 6

BC ESA prohibits employer from withholding/deducting wages payable to employee UNLESS

Answer 6

1. obliged to do so by statute
2. obliged to do so by court order
   3 . recovering cash shortage where individual was only person with access and control
3. recovering wage advance

Question 7

Special Wage Rates applicable to:

Answer 7

farm workers
resident caretakers
employees new to workforce w/o previous paid experience and only 500 hours of cumulative paid experience
live in home support workers and camp leaders
truck drivers
newspaper carriers

Question 8

Maximum hours of work

Answer 8

8 hrs/day, 40/week unless otherwise agreed upon

Question 9

Free of work

Answer 9

minimum hours an employee must be free of work is 8 consecutive hours between shifts and 32 consecutive hours off for every work week (or else OT pay applies)

Question 10

T/F. Employers are not required to provide coffee breaks

Answer 10

T

Question 11

How is OT pay calculated?

Answer 11

On a weekly basis, when employee exceeds 40 hours

Question 12

Exemptions for OT cover all salaried workers T/F

Answer 12

F. non-managerial salary workers entitled to OT unless otherwise exempt

Question 13

BC Averaging Agreement

Answer 13

employer and employee agree that EE’s hours of work may be averaged for the purpose of determining the EE’s hours of work with respect to entitlement to wages and OT. Must be in writing, state beginning and expiration, may not be retroactive

Question 14

vacation time vs. vacation pay

Answer 14

vacation time = weeks per year entitled to employee after they have worked for over 12 months
vacation pay = money payable to employee for vacation after employee has earned it by working for employer for 12 months (4%)

Question 15

qualifying for holiday pay

Answer 15

employed for at least 30 days and earned wages on 15/30 days preceding the holiday

Question 16

t/f an employer is required to pay an employee on statutory leave

Answer 16

f

Question 17

BC 6 types of stat leave

Answer 17

pregnancy, parental, family responsibility, bereavement, jury duty, compassionate care (reservists also in lecture notes)

Question 18

Pregnancy/Parental leave must be….

Answer 18

consecutive (per individual)

Question 19

Employees rights during statutory leaves are designed to:

Answer 19

ensure that employees are put in the same positions they would have been if they had not taken a leave, and to ensure no employee suffers negative consequences because he exercises the right to take a statutorily guaranteed leave

Question 20

Employees rights during a stat leave (list)

Answer 20

right to:
reinstatement
salary plus increases
retain benefits
vacation entitlement
free from reprisals
accrue seniority

Question 21

If rights infringed, where do you file a complaint?

Answer 21

With director of employment standards at the Employment Standards Branch of the Ministry of Labour and Citizens Services

Question 22

Time limitation on filing complaints

Answer 22

within 6 months

Question 23

t/f. An employee cannot file a claim for termination or temination pay AND sue an employer for wrongful dismissal relating to the same termination

Answer 23

T

Question 24

If director finds a contravention, can issue following orders:

Answer 24

comply with requirement
remedy or cease doing some improper acts
pay wages to employee
post a notice of contravention
reinstate or compensate an employee
issue other orders

Question 25

How to appeal decision of director

Answer 25

apply for review of a director’s decision to employment standards tribunal within 21 (served upon party personally) or 30 days (registered mail)