MT2 = Regulating compensation Flashcards
Why do employment laws regulate working hours?
To prevent worker exploitation, reduce health and safety risks, promote work-life balance, and encourage job creation.
What is an Averaging Agreement?
A contract allowing employers and employees to average work hours over a set period, so overtime applies only if the average weekly hours exceed the overtime threshold.
What are the standard working hours under federal law?
8 hours per day and 40 hours per week, with a maximum of 48 hours per week.
What are the standard working hours under Saskatchewan law?
Maximum 44 hours per week, with required rest periods between shifts and mandatory unpaid breaks.
What was the legal issue in Fresco v. CIBC (2020, 2022)?
A class-action lawsuit where employees alleged that CIBC failed to compensate overtime worked due to improper record-keeping and an unlawful approval policy.
What legal principle was established in Fresco v. CIBC?
If an employee works overtime, they are entitled to pay under the Canada Labour Code, even if the overtime was not pre-approved.
What are statutory holidays in Saskatchewan?
Employees are entitled to paid time off on designated public holidays, such as New Year’s Day, Family Day, Canada Day, and Christmas.
How is overtime pay regulated in Saskatchewan?
Employees must be paid 1.5 times their regular pay for overtime hours, unless they fall under specific exemptions.
What are some examples of employees exempt from overtime pay in Saskatchewan?
Managers, professionals (e.g., lawyers, doctors), certain salespeople, home care providers, and mineral exploration workers.
What is the difference between overtime pay and pay for working on a public holiday?
Overtime pay is 1.5x regular pay for extra hours worked, while working on a public holiday may entitle employees to 1.5x pay plus an additional 5% of their four-week earnings.
Why has employee privacy become a bigger concern in modern workplaces?
Advances in technology allow for increased surveillance, such as video monitoring, keystroke logging, GPS tracking, and facial recognition, raising ethical and legal concerns.
What is PIPEDA, and when does it apply to employers?
The Personal Information Protection and Electronic Documents Act (PIPEDA) applies to federally regulated employers and governs how they collect, use, and disclose personal data.
Does PIPEDA apply to provincially regulated employers in Saskatchewan?
No, Saskatchewan does not have an equivalent law, so PIPEDA only applies to federally regulated workplaces or when employers deal with clients.
What are the 10 key principles of PIPEDA?
Accountability, Identifying Purpose, Consent, Limiting Collection, Limiting Use/Disclosure, Accuracy, Safeguards, Openness, Individual Access, and Compliance Challenges.
What does the Saskatchewan Privacy Act (1978) establish?
It creates a tort of violation of privacy, allowing individuals to sue for breaches of personal privacy.
How do courts interpret workplace privacy rights under common law?
Courts have ruled that unreasonable invasions of employee privacy can be a breach of the implied duty of good faith in employment contracts.
What types of workplace surveillance have been challenged under privacy laws?
Video surveillance, locker searches, keystroke logging, GPS tracking, random drug/alcohol testing, implanted microchips, and biometric scans.
What types of workers are typically exempt from minimum wage laws?
Independent contractors, unpaid interns, gig workers, farm workers, babysitters, and charity volunteers.
What is the federal minimum wage in Canada?
$17.30/hour, adjusted annually based on inflation.
How does minimum wage vary across Canada?
It differs by province, with the highest rates in northern territories and lower rates in Saskatchewan and Atlantic provinces.
What does ‘Equal Pay for Equal Work’ mean under Canadian employment law?
Employees performing the same job must be paid the same wage, regardless of sex, race, age, or other protected characteristics.
What is the difference between ‘Equal Pay for Equal Work’ and ‘Equal Pay for Work of Equal Value’?
Equal pay for equal work applies to the same job, while equal pay for work of equal value compares different jobs with similar responsibilities, effort, and working conditions.
What is the Pay Equity Act (federal), and who does it apply to?
The Pay Equity Act (2021) requires federally regulated employers with 10+ employees to eliminate gender-based pay discrimination by creating pay equity plans.
How does the Pay Equity Act define pay equity steps?
Identify job classifications, Compare male and female job classes, Assess job value using neutral criteria (skill, effort, responsibility), Develop a pay equity plan, Adjust compensation.
Does Saskatchewan have pay equity laws?
No, Saskatchewan does not have equal pay for work of equal value laws.
What is the gender wage gap, and how is it calculated?
The gender wage gap is the difference between median male and female wages, divided by male median wages.
What legal principle was established in Fresco v. CIBC (2020, 2022)?
Employers must pay for overtime whether it was pre-approved or not, if employees were required or permitted to work extra hours.
A company introduces keystroke tracking software for all employees. Is this legal?
It depends on whether the monitoring is reasonable and justified for business purposes. Excessive tracking may be an invasion of privacy.
A company refuses to pay an employee overtime because they did not get prior approval. Is this legal?
No, under Canada Labour Code, section 174, if overtime is worked, it must be paid.
An executive earns $500,000 annually in a publicly traded company. What disclosure obligations exist?
Under Canadian Securities Administrators (CSA) rules, publicly traded companies must disclose executive compensation details for the CEO, CFO, and top three highest-paid executives.
