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Payroll Compliance Legislation > Chapter 5 - Labour Standards - Employment Standards > Flashcards

Chapter 5 - Labour Standards - Employment Standards Flashcards

1
Q

legislated rules about working conditions

A

Employment/labour standards

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2
Q

Examples of Employment and Labour Standards

A
  • the hours that you can expect an employee to work
  • the minimum amount that you must pay an employee per hour of work
  • how much vacation time you must give an employee and how much they must be paid for that time
  • which days are considered statutory holidays and which employees are entitled to the day off with pay
  • what is an employer required to pay an employee when employment is terminated
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3
Q

_________________have all passed legislation outlining the minimum employment/labour standards in their jurisdictions.

A

The federal government, provinces and territories

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4
Q

These standards are to encourage __________ between employers and employees.

A

fairness, responsibility, and cooperation

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5
Q

TRUE OR FALSE: Every employer and employee in Canada is covered under either the federal Canada Labour Code, Part III (CLC) labour standards legislation or provincial/territorial employment/labour standards legislation.

A

TRUE

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6
Q

TRUE OR FALSE: Approximately 6% of the Canadian workforce is covered by the CLC, while provincial/territorial labour laws govern the remaining 94%.

A

TRUE

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7
Q

If the organization falls under federal jurisdiction, it does not matter where the employee works; the standards set out in the federal Canada Labour Code, Part III apply. The Canada Labour Code, Part III applies to:

A
  • industries and undertakings of an inter-provincial/territorial, national or international nature, for example, transportation, communications, radio and television broadcasting, banking, uranium mining, grain elevators, and flour and seed operations
  • organizations whose operations have been declared for the general advantage of Canada or two or more provinces, and Crown corporations such as the Canadian Broadcasting Corporation
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8
Q

TRUE OR FALSE: Employees who are not governed under the CLC are subject to the employment/labour standards legislation of the jurisdiction in which they work.

A

TRUE

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9
Q

For instance, an employee who lives in Hull, Québec and works in Kanata, Ontario, is subject to _____ employment standards.

A

Ontario

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10
Q

In another case, an employee who normally works in Toronto, Ontario, might travel to Montreal, Québec, for a few days of work. Québec employment/labour standards do not apply in this situation unless the employee primarily ___________ performs work in Québec during the pay period in question.

A

more than 50%

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11
Q

TRUE OR FALSE: When employees are working under union agreements, the terms of the agreement take precedence over the employment/labour standards as long as the terms and conditions in the agreement at least meet the minimum standards.

A

TRUE

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12
Q

TRUE OR FALSE: Every employee must receive a paper or electronic statement with their pay that details information about the payment.

A

TRUE

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13
Q

The common information that must appear on the pay statement in most jurisdictions is:

A
  • employee name
  • pay period dates
  • rate of pay and hours of work at each rate
  • gross earnings
  • itemized deductions
  • net pay
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14
Q

TRUE OR FALSE: Except for Ontario and federal (Canada Labour Code, Part III), all jurisdictions require that employees receive their pay according to a specified frequency. The pay date must fall within a specified number of days, or within a specified interval, after the end of the pay period.

A

TRUE

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15
Q

Employers must also comply with hours of work legislation relating to:

A
  • daily and weekly maximum hours
  • minimum hours (call-in pay)
  • the rates they must pay employees who work hours over the maximum (overtime)
  • the rates they must pay employees who work on a designated statutory holiday
  • averaging hours of work
  • compressed work weeks
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15
Q

TRUE OR FALSE: When a pay date falls on a floating statutory holiday such as Christmas Day, New Year’s Day or Canada Day, Québec is the only province that legislates that the payment must be paid the day before the holiday.

A

TRUE

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16
Q

in certain jurisdictions, the minimum age at which an individual can be employed is established not only by employment/labour standards but also by ______________

A

occupational health and safety, youth employment and construction safety legislation.

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17
Q

lowest hourly rate that an employer can pay an employee

A

Minimum wage

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18
Q

TRUE OR FALSE: If the minimum wage rate in the province or territory of employment is higher than the federal minimum wage, then that higher rate will apply.

A

TRUE

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19
Q

Hours of work legislation covers:

A
  • Minimum hours (call-in pay)
  • Maximum hours
  • Averaging hours
  • Compressed workweek
  • Overtime
  • Rest periods
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20
Q

sets the maximum number of hours per day or per week an employee is allowed to work, regardless of overtime pay provisions.

A

The hours of work legislation

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21
Q

All jurisdictions, except ___________ , have legislation in this area.

A

New Brunswick

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22
Q

Legislation on the minimum hours of work, also known as ____ sets the minimum number of hours of work an employee must be paid for if called into work by the employer.

A

call-in pay

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23
Q

TRUE OR FALSE: Employers who require employees to work beyond the legislated maximum hours must get written permission, where required, from the legislative authority.

A

TRUE

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24
Q

TRUE OR FALSE: National Distributors has employees on call to unload shipments arriving at their warehouses. This week they have called in 12 employees to unload a shipment at the Regina, Saskatchewan warehouse. It turns out that they only have enough work to keep six employees for the day; the other six employees are sent home after one hour. Saskatchewan requires that the employees sent home must be paid for not less than three hours at their regular rate.

A

TRUE

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25
Q

means an employee’s hours of work are averaged over two or more weeks if the nature of the work results in irregular distribution of hours, as long as the averaged hours do not exceed the daily or weekly legislated maximum hours of work.

A

Averaging hours

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26
Q

TRUE OR FALSE: The intent of averaging hours is not to eliminate the requirement to pay overtime but to provide the employee with the same amount of pay for each pay.

A

TRUE

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27
Q

TRUE OR FALSE: At National Distributor’s facility in Ontario, an averaging agreement is in place. Frank Peters works 50 hours in one week and 30 hours in the next week. The average hours for each of the two weeks are 40 hours; 40 hours does not exceed the weekly overtime threshold of 44 hours in Ontario. This means that there would be no overtime paid for the week in which Frank worked 50 hours.

A

TRUE

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28
Q

is one in which the number of working days per week is reduced and the number of hours worked per day is increased.

A

Compressed Workweek

29
Q

TRUE OR FALSE: In all jurisdictions, if emergency telephone operators are required to remain at their stations during their break, the break time must be paid.

A

TRUE

30
Q

TRUE OR FALSE: Employment/labour standards outline the required rest periods that must be respected in each jurisdiction, where legislated, for meal breaks, coffee breaks, daily rest periods, time off between shifts, hours free from work and weekly rest periods

A

TRUE

31
Q

Each jurisdiction has legislation that states the maximum number of hours per day and/or per week that an employee can work before the work is considered _____.

A

overtime

32
Q

When an employee is asked to work beyond the maximum hours of work per day and/or per week, also called the ______ , the employer must pay overtime rates for each hour worked.

A

overtime threshold

33
Q

Overtime pay, in all jurisdictions except for ___________, is 1.5 times the employee’s regular rate or minimum wage

A

British Columbia

34
Q

Special attention is required in calculating overtime when:

A
  • there is both a daily and a weekly overtime threshold, after which overtime must be calculated and paid
  • there is more than one overtime rate; for example, in British Columbia, 1.5 times the regular wage is paid for hours over 8, up to 12, worked per day, and two times applies after 12 hours worked per day
  • hours worked on a statutory holiday are to be considered worked hours for overtime purposes
35
Q

TRUE OR FALSE: Overtime hours worked in a pay period are to be paid on each payday, or they can be banked if permitted in the jurisdiction. Banked hours are either paid at a later date or taken as time off work.

A

TRUE

36
Q

TRUE OR FALSE: Some Employment Standards Acts mention overtime (OT) provisions for managers, whereas others do not provide any OT legislation

A

TRUE

37
Q

allows an employee to defer the payment of overtime, or the taking of an equivalent time off, until a later date within a regulated period. The time off is paid at the employee’s regular rate of pay.

A

Banking Overtime

38
Q

In jurisdictions with both daily and weekly overtime thresholds, overtime is paid on the hours worked beyond the daily or weekly overtime threshold, whichever is ____________

A

greater

39
Q

Each jurisdiction has legislated holidays under employment standards; these days are known as _____, depending on the terminology used in the legislation in each jurisdiction.

A

statutory, general or public holidays,

40
Q

designated days that require employers to exempt employees from work or to pay them for working on that day.

A

Legislated holidays

41
Q

TRUE OR FALSE: Eligible employees who do not work on the statutory holiday must be paid either their regular daily wage or if their daily wages vary, an average or percentage of their daily earnings over a period preceding the holiday.

A

TRUE

42
Q

TRUE OR FALSE: Employees who do not meet the eligibility criteria for statutory holiday entitlement must be paid for any hours worked on the holiday. Non-eligible employees are only paid for hours worked on the statutory holiday. The rate of statutory holiday pay for these employees varies by jurisdiction.

A

TRUE

43
Q

TRUE OR FALSE: In some jurisdictions (Federal, Northwest Territories/Nunavut, Saskatchewan, Yukon), the weekly overtime threshold hours are decreased when a statutory holiday falls in the week. In these jurisdictions, when a statutory holiday occurs in the week, the 40-hour workweek is reduced by eight hours, making the weekly overtime threshold 32 hours. Hours worked on the statutory holiday are paid at the jurisdictional statutory holiday pay rate and are not included in the overtime calculation.

A

TRUE

44
Q

TRUE OR FALSE: Federal (Canada Labour Code, Part III): The weekly standard hours (normally 40) are reduced by 8 hours for each public holiday. Therefore, overtime applies after 32 hours, and any time worked on a holiday is excluded when calculating weekly overtime.

A

TRUE

45
Q

TRUE OR FALSE: The Employment Standards Interpretation Guidelines Manual states, “Where an employee earns two combined entitlements, they do not “double up” but, rather, the employee would get paid in a fashion that provides the greater benefit to the employee.” When the statutory holiday is not worked, the statutory holiday hours are excluded from the calculation of overtime.

A

TRUE

46
Q

holiday that is observed by several provinces and territories on the first Monday of August.

A

Civic Holiday

47
Q

Some of the details covering employees’ vacation are:

A
  • the minimum amount of vacation time they are entitled to
  • when they are entitled to take a vacation (within what period after working the year they must use their vacation time)
  • the vacationable earnings on which their vacation pay will be based
  • the percentage of their vacationable earnings they will receive as vacation pay
48
Q

An employee’s eligibility for statutory holiday pay will depend on whether the employee:

A

o meets the criteria for entitlement
o works on the holiday

49
Q

Employees in all jurisdictions can enjoy a holiday on:

A

o January 1 (New Year’s Day)
o Good Friday
o July 1 (Canada Day, Memorial Day in Newfoundland and Labrador)
o the first Monday in September (Labour Day)
o December 25 (Christmas Day)

50
Q

TRUE OR FALSE: All jurisdictions require that employees take a minimum of two weeks off work after each year of employment (except for Saskatchewan, which provides for a minimum of three weeks).

A

TRUE

51
Q

TRUE OR FALSE: Manitoba and Nova Scotia have a Remembrance Day Act that legislates Remembrance Day, November 11, as a holiday. In Québec, the National Holiday Act legislates June 24 as the National Holiday (Fête nationale).

A

TRUE

52
Q

TRUE OR FALSE: Vacation pay is calculated in all jurisdictions as a percentage of gross vacationable earnings (except for Saskatchewan, which calculates vacation pay as a fraction of vacationable earnings).

A

TRUE

52
Q

include regular wages or salary, call-in pay, shift premium, retroactive pay, and commissions earned by a route salesperson or at the employer’s premises in all jurisdictions.

A

Vacationable earnings

53
Q

is an unpaid, authorized absence from work for an employee to attend their citizenship ceremony

A

Citizenship leave

54
Q

is an authorized leave from work to support and take care of a terminally ill family member.

A

Compassionate care leave

55
Q

Each province has a ________ which requires that an employee who does not belong to an exempted category be allowed leave from employment to fulfill jury duty without fear of losing their job.

A

Jury Act or Juries Act

56
Q

In most jurisdictions, Employment Standards legislation allows employees to take _________’ job protected compassionate care leave to care for a gravely ill family member; the definition of a family member is different in each jurisdiction.

A

twenty-eight weeks

57
Q

Employment/labour standards related to the termination of employment deal with the legislation surrounding:

A
  • Notice of individual termination
  • Notice of group termination
  • Severance pay
  • Temporary layoffs
  • Payment of wages on termination
58
Q

When employment is being terminated, the employer must either:

A
  • give the employee a period of working notice or
  • pay the employee wages in lieu of working the notice period (known as wages in lieu of notice)
59
Q

The length of the period of working notice will depend on:

A
  • the jurisdiction under which the employee is covered
  • how long the employee has been employed with the organization
60
Q

TRUE OR FALSE: If terminating an employee for just cause, that is willful misconduct, disobedience or neglect of duty that has not been condoned by the employer, no notice of termination is required. However, since just cause can be difficult to prove to the satisfaction of a judge, the employer should seek legal advice before proceeding with termination on these grounds.

A

TRUE

61
Q

The following should be noted concerning the period of notice:

A
  • at no time can any part of the vacation entitlement be used as part of the period of notice
  • there can be no reduction in pay during the period of notice
  • payment in lieu of notice will be based on basic wages without overtime. If an employee works variable hours, an average rate should be used
  • if the employee works past the period of notice, a new period of notice must be provided
62
Q

Some jurisdictions also require the employee to give written notice when they are resigning from employment. As with employer notice, the length of the notice period ____________

A

depends on the length of employment.

63
Q

often referred to as a mass layoff, occurs when many employees, defined by legislation, are having their employment terminated within a specified period.

A

group termination,

64
Q

has commonly been used to refer to all payments on separation, whether the payment is wages in lieu of notice or a retiring allowance

A

The term severance pay

65
Q

Federal:
Employees who have 12 months of continuous service are entitled to the greater of:

A
  • two days’ wages at the regular rate, excluding overtime, for each completed year of employment or
  • five days’ wages at the regular rate, excluding overtime
66
Q

TRUE OR FALSE: The maximum severance payment is 26 weeks of regular wages.

A

TRUE

67
Q

Employees entitled to severance pay include:

A
  • regular full-time and part-time employees
  • an employee terminated due to strike or lock-out, except where the strike or lock-out caused the economic hardship which led to the mass termination
  • an employee terminated due to another employee exercising seniority rights
  • an employee who, on termination, retires and accepts a reduced pension
68
Q

Employees are not entitled to severance pay when they:

A
  • refuse a reasonable offer of alternate employment
  • refuse to exercise seniority rights
  • retire in receipt of an actuarially unreduced pension or
  • are engaged in any aspect of the construction industry
  • are terminated for just cause
69
Q

TRUE OR FALSE: Severance pay will be calculated on the full length of service even when the service is broken into several periods or spread between two employers in the case of a sale of a business.

A

TRUE

70
Q

when there is a shortage of work or materials, or there is another problem that interferes with the organization doing its work, and the organization must reduce its workforce.

A

Temporary layoffs

Payroll Compliance Legislation (7 decks)

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