Scenario 8 Flashcards
Talia, Mike, and Liz all work for DLP-Music Inc., located in Barrie, Ontario. While each works in a different role, they work as a team and are required to have substantially the same skills, efforts, and responsibilities. From a casual conversation with Talia, Mike discovers that his rate of pay is lower than Talia’s rate of pay. While Mike initially accepts that there must be reasons for their difference in pay, once Liz reveals that her rate of pay is the same as Talia’s, Mike believes that the discrepancy between his and his teammates’ pay is unfair. He especially believes this as he has been working beyond his own job description to help out his teammates in every possible way. Mike seeks advice from the HR manager. DLP-Music has a gender-balanced workforce and is fully compliant with equity legislation. What should the HR manager advise Mike about the discrepancy in his pay rate? a) Since Mike does not perform identical work as Talia and Liz, the difference in pay rates is appropriate. b) Since Mike performs substantially the same type of work as Talia and Liz, he is entitled to the same rate of pay. c) Mike is not entitled to the same rate of pay just because he worked beyond the scope of his job description.
The answer is b. Since Mike performs substantially the same type of work as Talia and Liz, he is entitled to the same rate of pay. Functional Area: C1 Rationale(s): A is incorrect. In respect to equal pay for equal work, the ESA does not require employees to perform identical work; they are required to perform work that is substantially the same. B is correct. Under sections 41.2 and 42 of the ESA, employees performing substantially the same kind of work in the same establishment, and requiring substantially the same skill, effort, and responsibility must be paid the same. C is incorrect. This does not address the pay disparity issue that Mike raises. The company is not in compliance with employment standards legislation. Reference(s): Unit 5: Understanding Employment Legislation, Module 1: Introduction to the ESA. Employment Standards Act, 2000, S.O. 2000, c. 41, s. 41.2 and s. 42.
Talia, Mike, and Liz all work for DLP-Music Inc., located in Barrie, Ontario. While each works in a different role, they work as a team and are required to have substantially the same skills, efforts, and responsibilities. From a casual conversation with Talia, Mike discovers that his rate of pay is lower than Talia’s rate of pay. While Mike initially accepts that there must be reasons for their difference in pay, once Liz reveals that her rate of pay is the same as Talia’s, Mike believes that the discrepancy between his and his teammates’ pay is unfair. He especially believes this as he has been working beyond his own job description to help out his teammates in every possible way. Mike seeks advice from the HR manager. DLP-Music has a gender-balanced workforce and is fully compliant with equity legislation. What factor could justify the difference in the rates of pay between Mike and his team members? a) The differing rates of pay are required for compliance with the Pay Equity Act. b) The differing rates of pay are due to a seniority system that allows higher rates for employees who have worked for the company longer. c) The differing rates of pay reflect differences in the employees’ education levels.
The answer is b. The differing rates of pay are due to a seniority system that allows higher rates for employees who have worked for the company longer. Functional Area: C1 Rationale(s): A is incorrect. Pay Equity Act. does not apply here as the Act strives to address differences in pay for work performed by workers in female job classes. B is correct. If there is an established seniority system, it could justify the difference in rate of pay among employees who perform substantially the same work. C is incorrect. CConsidering the job requires substantially the same skills (i.e. the same amount of knowledge, physical skill or motor skills needed to perform a job), it could not be used as justification for the difference in rate of pay between Mike and Talia and Liz. Reference(s): Unit 5: Understanding Employment Legislation, Module 1: Introduction to the ESA. Employment Standards Act, 2000, S.O. 2000, c. 41, s. 41.2 and s. 42. li>Pay Equity Act, R.S.O. 1990, c. P.7.
Talia, Mike, and Liz all work for DLP-Music Inc., located in Barrie, Ontario. While each works in a different role, they work as a team and are required to have substantially the same skills, efforts, and responsibilities. From a casual conversation with Talia, Mike discovers that his rate of pay is lower than Talia’s rate of pay. While Mike initially accepts that there must be reasons for their difference in pay, once Liz reveals that her rate of pay is the same as Talia’s, Mike believes that the discrepancy between his and his teammates’ pay is unfair. He especially believes this as he has been working beyond his own job description to help out his teammates in every possible way. Mike seeks advice from the HR manager. DLP-Music has a gender-balanced workforce and is fully compliant with equity legislation. DLP-Music decides to give all the team members the same rate of pay and considers cutting the salaries of Liz and Talia. What should the HR manager advise about this approach? a) DLP-Music can only lower the rate of pay of employees if it increases employee benefits as compensation. b) DLP-Music is able to lower the rate of pay of employees only to achieve equal pay for equal work. c) DLP-Music is prohibited from lowering the rate of pay of any employees even to achieve equal pay for equal work.
The answer is c. DLP-Music is prohibited from lowering the rate of pay of any employees even to achieve equal pay for equal work. Functional Area: C1 Rationale(s): A is correct. The ESA does not permit employers to lower the rate of pay of employees in order to achieve equal pay for equal work. B is incorrect. This is not advisable. The employer cannot lower the rate of pay of employees in order to achieve equal pay for equal work. C is correct. The ESA does not permit employers to lower the rate of pay of employees in order to achieve equal pay for equal work. Reference(s): Unit 5: Understanding Employment Legislation, Module 1: Introduction to the ESA. Employment Standards Act, 2000, S.O. 2000, c. 41, s. 42(3).
Talia, Mike, and Liz all work for DLP-Music Inc., located in Barrie, Ontario. While each works in a different role, they work as a team and are required to have substantially the same skills, efforts, and responsibilities. From a casual conversation with Talia, Mike discovers that his rate of pay is lower than Talia’s rate of pay. While Mike initially accepts that there must be reasons for their difference in pay, once Liz reveals that her rate of pay is the same as Talia’s, Mike believes that the discrepancy between his and his teammates’ pay is unfair. He especially believes this as he has been working beyond his own job description to help out his teammates in every possible way. Mike seeks advice from the HR manager. DLP-Music has a gender-balanced workforce and is fully compliant with equity legislation. Mahmood will be working on his employer’s upcoming audit and is anticipating working a lot of overtime. He and his employer have agreed, in writing, to increase his weekly maximum hours of work. Other than getting the agreement signed, what else needs to be done to ensure the agreement is valid? a) The new weekly maximum must not exceed 60 hours b) The agreement must include a statement in which Mahmood acknowledges receipt of the most recent information sheet on hours of work and overtime pay from the Director of Employment Standards. c) The employer must submit the signed agreement to, and receive approval from, the Director of Employment Standards before Mahmood can work the additional hours.
The answer is b. The agreement must include a statement in which Mahmood acknowledges receipt of the most recent information sheet on hours of work and overtime pay from the Director of Employment Standards. Functional Area: C1 Rationale(s): A is incorrect. The maximum weekly 60-hour-per-week cap has been removed by Bill 66 (ESA, s. 17(3)). B is correct. The employer is obligated to provide the employee with an information sheet prepared by the Director of Employment Standards regarding employee hours of work and overtime pay. The information sheet must be provided to the employee before forming the agreement, and the employee must acknowledge its receipt in the agreement with the employer. C is incorrect. Prior to April 3, 2019, approval of the Director of Employment Standards was required to have an employee work more than the daily or weekly hours of work limits. As of April 3, 2019, Bill 66’s amendments to the ESA have removed that requirement. Reference(s): Unit 5: Understanding Employment Legislation, Module 3: General Obligations. Employment Standards Act, 2000, S.O. 2000, c. 41, ss. 17-21. Ontario.ca: “Electronic and written agreement requirements for exceeding limits on hours of work” (https://www.ontario.ca/document/your-guide-employment-standards-act-0/hours-work#section-2).
