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Chapter 6

CHAPTER 6.docx


Department
Law and Business
Course Code
LAW 529
Professor
Peter Wilson
Chapter
6

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Chapter 6 Employment Standards Act
KEY FEATURES
Employee cannot waive his or her rights under the ESA and agree to standards
that are les than the act.
Cannot forgo paying an employee for public holidays but insisting that overall
compensation is greater.
Hours of work standards do not apply to managerial and supervisory and
independent contract employees.
WHO ISN’T COVERED BY THE ESA?
1. Federally regulated
2. Secondary school students in COOP
3. University students in school internships
4. Community participants
5. Police officers except the lie detector provision
6. Embassy o consulate employees
7. Inmates doing work
8. People working in simulated jobs
9. Political, judicial, religious or trade unions
10. Professional employees
11. Accountants
12. Lawyers
13. Farmers
a. 10-13 are exempt from min wage, max hours, overtime, paid holiday and
vacation
14. Government (crown)
WAGES s.11
Deductions from Wages and Vacation Pay s.13
Income taxes, employment insurance, Canada pension plan
When it is for a court order money to be paid to third party
When employee authorizes deduction in writing
Cannot make a deduction from wages to cover faulty work
Can make a deduction for stolen or damaged property if the employee is the
ONLY ONE WITH ACCESS TO THESE THINGS
If they screw up, just pay the wages you owe and then sue for damages instead of
trying to deduct from pay, which is not allowed unless there are CLEAR AND
DETAILED circumstances.
Wage Statements s.12
Period
Wage rate
Gross wage & how it is calculated
Amount & purpose of each deduction

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Amount pain
Net wage amount
Agreements to Vary
Exceed daily maximum hours & weekly
oIn writing or e-mail
oName the parties
oSpecify date it will start and end
oSpecify employment standard being varied
oSpecify new arrangement
oBoth signatures
oPertain only to future events
oBe understood and freely entered into
oMust be informed and voluntary
oUnenforceable if employee is threatened
Average hours worked for overtime pay
Compensate overtime with time off instead
Take vacation time in increments less than one week
Minimum Wage s.23
Regardless on type of employee or how they are pain (wage, commission, salary)
Students who supervise children are exempt
oLiquor service  less
oFull-time students under 18 who work 28hs or less get less
oHunting or fishing calculate in blocks of time
oHome workers  110% of minimum wage, premium rates
Certain people get special situations
oRoom and Board
oHarvesting
oCommission  entitled to receive at least equivalent of minimum wage for
every hour worked
Three-Hour Rule
If an employee is sent home after less than three hours, the greater of three hours
MIN WAGE vs. THEIR WAGE gets paid.
oHs worked x pay = Y
o3hs x min wage = Z
HOURS OF WORK AND EATING PERIODS s.17-21
1. 8 hours a day, or whatever the workday is
2. 48 hours a week
To Vary Maximum Daily Hours…..
written agreement with acknowledgement
TO vary Maximum Weekly Hours…..
Same, plus get approval from ministry of labour
1. An employer with a BAD ESA history may find it hard to vary the hours.
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