Chapter 7 - Employment Standards Act Flashcards
Sets out minimum terms and conditions of work.
Employment Standards Act
Coverage of minimum employment standards:
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
Where do special wages apply?
1) Liquor service
2) Full-time students
3) Hunting fishing guides
4) Homeworkers
May be made by cash, cheque, or
direct deposit into the employee’s account at a bank or other financial institution.
Payment
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.
Agreement to Vary
The lowest hourly wage that an employer can pay an employee.
Minimum wage
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.
The Three-Hour Rule
Refers to the threshold when overtime premium pay is required, which is 44 hours per workweek under the ESA.
Overtime
The maximum number of hours that an employee is required to work.
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
TRUE OR FALSE: An employer is not required to provide coffee breaks.
True
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.
Salaried employees
TRUE OR FALSE: Employees are entitled to overtime pay even where the overtime was not authorized by the employer.
True
TRUE OR FALSE: An employee may be entitled to vacation pay but not vacation time.
True
9 statutory holidays:
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
Leave for “personal illness, injury, or medical emergency.”
Sick leave
Leave for illness, injury, medical emergency, or other urgent matter relating to a prescribed family member.
Family Responsibility Leave
Leave for the death of prescribed family members.
Bereavement leave
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.
Right to reinstatement
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.
Right to salary plus increases
During the leave, the employer must continue to pay its share of the premiums for benefit plans, offered before the leave.
Right to retain benefits
Employees on statutory leave continue to accrue seniority and earn credit for service and length of employment as if they had not taken leave.
Right to accrue seniority
Those who can accept or refuse an agency assignment without negative consequences—are eligible for statutory holiday, termination, and severance entitlements.
“Elect-to-work” workers
Refer to situations where an employee is penalized or threatened with a penalty for asking the employer to comply with the ESA.
Reprisal
5 orders issued for non-compliance with ESA:
1) Order to pay wages
2) Compliance order
3) Tickets
4) Notice of contravention
5) Order to reinstate or compensate
