Chapter 7 - Employment Standards Act

Question 1

Sets out minimum terms and conditions of work.

Answer 1

Employment Standards Act

Question 2

Coverage of minimum employment standards:

Answer 2

1) Minimum wage
2) Equal pay for equal work
3) Hours of work and eating periods
4) Overtime
5) Vacation
6) Public holidays
7) Statutory leaves of absence
8) Lie detector tests
9) Termination notice and severance pay
10) Temporary help agencies
11) Wage earner protection program

Question 3

Where do special wages apply?

Answer 3

1) Liquor service
2) Full-time students
3) Hunting fishing guides
4) Homeworkers

Question 4

May be made by cash, cheque, or
direct deposit into the employee’s account at a bank or other financial institution.

Answer 4

Payment

Question 5

Agreements between employers and employees to vary from legislated minimum employment standards with respect to daily and weekly maximum hours of work, overtime hours and pay, and vacation time.

Answer 5

Agreement to Vary

Question 6

The lowest hourly wage that an employer can pay an employee.

Answer 6

Minimum wage

Question 7

An employer must pay an employee who is scheduled to work three hours or more and is sent home after working less than three hours at least three hours pay at the employee’s regular wage.

Answer 7

The Three-Hour Rule

Question 8

Refers to the threshold when overtime premium pay is required, which is 44 hours per workweek under the ESA.

Answer 8

Overtime

Question 9

The maximum number of hours that an employee is required to work.

Answer 9

1) 8 hours per day (or if the employer has established a regular workday longer than 8 hours, the number of hours in that day)

2) 48 hours per week

Question 10

TRUE OR FALSE: An employer is not required to provide coffee breaks.

Answer 10

True

Question 11

Employees whose wages are not based on the number of hours worked, are entitled to overtime pay if they work more than 44 hours in a week and do not fall within the managerial or supervisory exemption.

Answer 11

Salaried employees

Question 12

TRUE OR FALSE: Employees are entitled to overtime pay even where the overtime was not authorized by the employer.

Answer 12

True

Question 13

TRUE OR FALSE: An employee may be entitled to vacation pay but not vacation time.

Answer 13

True

Question 14

9 statutory holidays:

Answer 14

1) New Year’s Day
2) Family Day
3) Good Friday
4) Victoria Day
5) Canada Day
6) Labor Day
7) Thanksgiving Day
8) Christmas Day
9) Boxing Day

Question 15

Leave for “personal illness, injury, or medical emergency.”

Answer 15

Sick leave

Question 16

Leave for illness, injury, medical emergency, or other urgent matter relating to a prescribed family member.

Answer 16

Family Responsibility Leave

Question 17

Leave for the death of prescribed family members.

Answer 17

Bereavement leave

Question 18

When a statutory leave ends, an employer must reinstate the employee in the same position if it still exists or in a comparable position if it does not exist.

Answer 18

Right to reinstatement

Question 19

The returning employee must be paid at least as much as she was earning before the leave, plus any raises that she would have received if she had worked throughout the leave.

Answer 19

Right to salary plus increases

Question 20

During the leave, the employer must continue to pay its share of the premiums for benefit plans, offered before the leave.

Answer 20

Right to retain benefits

Question 21

Employees on statutory leave continue to accrue seniority and earn credit for service and length of employment as if they had not taken leave.

Answer 21

Right to accrue seniority

Question 22

Those who can accept or refuse an agency assignment without negative consequences—are eligible for statutory holiday, termination, and severance entitlements.

Answer 22

“Elect-to-work” workers

Question 23

Refer to situations where an employee is penalized or threatened with a penalty for asking the employer to comply with the ESA.

Answer 23

Reprisal

Question 24

5 orders issued for non-compliance with ESA:

Answer 24

1) Order to pay wages
2) Compliance order
3) Tickets
4) Notice of contravention
5) Order to reinstate or compensate

Question 25

Not engaging in work-related communications outside work hours.

Answer 25

Right to disconnect from work

Question 26

Transparency law on disclosing how and why the employer must monitor the use of electronic devices.

Answer 26

Electronic Monitoring Policy

Question 27

Rights for “gig” workers to information on how pay is calculated, minimum wage, notice of removal from platform, and work related disputes resolution process.

Answer 27

Digital Platform Workers’ Rights Act