Most employees are eligible for overtime in British Columbia. That is, if you receive 1.5x for holiday work, you won't also get 1.5x if that work was also overtime. Employment, business and economic development, Employment standards and workplace safety, Birth, adoption, death, marriage and divorce, Environmental protection and sustainability, Tax verification, audits, rulings and appeals, Transportation and infrastructure projects, Fraser Valley Highway 1 Corridor Improvement Program, Highway 1 - Lower Lynn Improvements Project, Belleville Terminal Redevelopment Project, 32 hours in a row free from work each week, Section 35 Maximum hours of work before overtime applies, Section 40 Overtime wages for employees not working under an averaging agreement, Section 34 Exclusions from hours of work and overtime requirements, Section 34.1 Hours of work and overtime for farm workers, Section 34.2 Hours of work and overtime for livestock brand inspectors, Section 37.64 Oil and gas field workers under section 37.6 - overtime wages, Section 44 Exclusions from overtime pay requirements, Part or all of the wages in the time bank to be paid out, Time off with pay for a period agreed upon by the employer and employee, The employer to close the bank and pay out their banked hours entirely this request must be made in writing, Pay the employee all of the overtime wages credited to the time bank, Allow the employee to use the credited overtime wages to take time off with pay, Pay the employee for part of the wages credited to the time bank and allow the employee to use the remainder of the credited overtime wages to take time off with pay. Wages includes salary, commission, statutory holiday pay and paid vacation. For example, if someone worked an extra eight hours in a week, they may be able to request a day off the following week and forego their overtime compensation. Use automated. If an employee works during this period, they must be paid time-and-a-half. The official standard work hours are 40 hours a week, 8 hours a day, from Sunday to Saturday. For example, in Manitoba, employees must receive at least two weeks of vacation at 4% of their wages after one year of employment. A 30-minute unpaid meal break must be provided when an employee works more than five hours in a row. This can be taken as pay, time offor a combination of the two. Employees are paid statutory holiday pay if they work or take the day off. For example, an employee may work four 10-hour shifts per week, rather than the traditional five eight-hour shifts. because of an emergency), they must be paid extra pay. In this example, 1.5X regular wage is applicable for both; therefore, the employee is paid 1.5X for all hours worked on the Saturday. This is vital in order to make sure your company is (and stays) compliant with the provinces Employment Standards, and that your employees are receiving the proper compensation for their work. For all the little nits and nuances, you can find the legislation on Stat Pay in BC right here on the BC Governments own site: https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/statutory-holidays/calculate-statutory-holiday-pay, All content of this site is protected by copyright 2011 - 2015. The provincial government says more than one million B.C. Comments will be sent to 'servicebc@gov.bc.ca'. workers do not have. Like British Columbia, averaging agreements may affect how overtime is paid. Overtime is calculated and paid at different rates depending on the total numbers worked. When calculating overtime, daily overtime is calculated separately from weekly overtime. Employers are not required to provide coffee breaks. By paying the employee weekly overtime of 1.5 times their regular rate for the 4 hours worked on Saturday, the employer has also satisfied the requirement to pay 1.5 times the regular rate for not providing 32 hours free from work in the week. Paying overtime can cut into your companys bottom line, so you may want to improve your approach to employee scheduling if you find youre paying it too frequently. Employers should base their calculations on the last 30 days worked prior to the statutory holiday . (a) 1 1/2 times the employee's regular wage for the time over 8 hours, and Banked overtime, or time-off in lieu, describes paid time off that's earned through working overtime hours. The Act does not require overtime pay . It can be based on employee seniority or availability, or other criteria the employer chooses. 1. Who qualifies for overtime pay? British Columbia Overtime Pay. In general, any time worked beyond those hours merits overtime pay. A week is from Sunday to Saturday. This includes doctors, lawyers, architects, and a few other types of professionals, but it also includes managers and supervisors. In cases like these, time and half can be paid for the day with the fewest hours worked. Employees in the BCGEU, Nurses' and King's Printer/Unifor bargaining units have the right to refuse overtime, unless there is an emergency. Overtime is paid when employees work more than standard work hours. Overtime is when an employee works more than their regular schedule. For example, if an employee works a schedule of four 10-hour days per week over a four-week period is asked to come in on another day for 8 hours, the employee must be paid 1.5 times their regular rate of pay for the extra hours worked. They should be paid two hours at overtime rates. for identification purposes only and does not imply endorsement. This structure can be useful if an employee has an approaching obligation but is not able to get the day off through traditional means. Overtime is only granted when employees work more than 40 hours in a week. PiggyBank.ca strives to Only time worked within this 7-day period can be considered for the purposes of overtime. Statutory Holidays in British Columbia - EmployerLine If the employer is issued an averaging of hours permit by the Director of Labour Standards, overtime guidelines may change, or not be required at all. Employees under an averaging agreement or variance have different rules for calculating overtime. For regular wage employees though, Stat Pay in BC is a two step process: Calculating daily overtime is quite simple. Include all wages. Any hours worked beyond 8 hours in a day and up to 12 hours a day are eligible for time-and-a-half. 2023 PiggyBank.All Rights Reserved. PDF Overtime Frequently Asked Questions (FAQ) - Department of Labor In the case of Federal law, employers must count employee on-call time as hours worked for purposes of minimum wage and overtime requirements. If they qualify, calculate their Stat Pay. Average day's pay (for the stat holiday) $143.33 4. For their Insurable Hours for the Stat Day, just divide 165 hours / 22 shifts = 7.5 Insurable Hours. For example, if an employee works seven days of the week, they are entitled to time and half for one of those days (even if they worked less than 40 hours total) because they worked through their 32 hours of rest. The employee must be paid for the meal break if they're required to work (or be available to work) during their meal break. For an employee to receive Stat Pay in BC, they first have to pass two qualifying tests. Minimum wage is the lowest amount you can pay an employee per hour of work. Employment, business and economic development, Employment standards and workplace safety, Birth, adoption, death, marriage and divorce, Environmental protection and sustainability, Tax verification, audits, rulings and appeals, Transportation and infrastructure projects, Fraser Valley Highway 1 Corridor Improvement Program, Highway 1 - Lower Lynn Improvements Project, Belleville Terminal Redevelopment Project, doesn't qualify for statutory holiday pay, Section 44 Entitlement to statutory holiday, Section 46 If employee is required to work on statutory holiday, Section 48 Substituting another day for a statutory holiday, Regular wages, salary,commission,statutory holiday pay,paid vacation, andpaid sick days required by employment standards, Paid vacation days,other paid statutory holidays, andpaid sick days required by employment standards. They are paid for the time spent driving or flying to and from Kelowna. Salaried workers are eligible to receive overtime pay in Canada. British Columbia Statutory Pay Guide . On Monday through Wednesday, he worked 7 hours each day. Total wages include: Though most of the regions calculate overtime at 1.5 times an employee's regular hourly rate of pay, several provinces use a different model for their calculations. Overtime worked on the same day as a regular shift. When these hours are exceeded, overtime is generally payable. But if an employee switches shifts with another employee, resulting in more than 40 hours worked, overtime doesnt apply. Employee receives: o Overtime pay: Saturday: 8 hours X 1.5 regular wage (weekly overtime). Employees are paid double time for any time worked over 12 hours during a day. Extra pay for 6th, 7th day pay or holidays provided that the pay is 1.5 the employees normal rate. follows the typical 40-hour workweek, and overtime is paid at 1.5 times the rate of the employees standard pay. Paid holidays in Canada - CFIB If an employee works during this period, the hours are added to other hours worked in the day. Ta-dah! The time worked by an employee on a statutory holiday is counted when calculating overtime for that week. Text of Legislation has both a daily overtime pay threshold and a weekly overtime pay threshold. employee worked 2 hours overtime 3. An employee works 8 hours daily Monday to Saturday and the statutory holiday falls on Monday. Theyre still working 40 hours per week, but they wouldnt be paid overtime for the extra two hours worked. disputes respecting the application, interpretation or operation of, Employment, business and economic development, Employment standards and workplace safety, Birth, adoption, death, marriage and divorce, Environmental protection and sustainability, Tax verification, audits, rulings and appeals, Transportation and infrastructure projects, Fraser Valley Highway 1 Corridor Improvement Program, Highway 1 - Lower Lynn Improvements Project, Belleville Terminal Redevelopment Project, Guide to the Employment Standards Act and Regulation, section 37, Agreements to average hours of work, section 33, Exclusions from Parts of the Act and this regulation, section 34,Exclusions from hours of work and overtime requirements, section 34.1, Hours of work and overtime for farm workers. Or an employee may work 20 hours in one week and then 60 the next. Not to mention, average agreements can make overtime calculations even more complicated. 1. Ergo, an employee who works 30 hours receives 16 hours of holiday pay, 24 hours of regular pay, and six hours of overtime pay. With banked overtime, employees earn 1.5 hours of regular pay time off for each hour of overtime worked. Severance Pay Please see a licensed, registered, Other Overtime Laws Canadian Employers Should Know, Paying overtime can cut into your companys bottom line, so you may want to improve your approach to employee scheduling if you find youre paying it too frequently. Employee receives: o Overtime pay: Saturday: 8 hours X 1.5 (weekly overtime). To better understand daily overtime pay rates, lets use the example of Sheena, who works in communications making $28.00 per hour. is based on multiplying the current minimum wage by 1.5. Certain employees are exempt from this section, or Part 4 entirely, under the Employment Standards Regulation. 32 Hr Break Rule Overtime (regular wages x 1.5) 2. The good news is: Its not that hard Determine the "regular rate" you must use to calculate . Rules of Overtime in Canada By Province | QuickBooks Canada Whenever you work more than the official standard work hours, your employer must pay you for overtime. After working for 12 hours, each additional hour is paid double the employees standard wages. About global culture, recruitment, and employment. Otherwise, the Acts requirements are deemed to be incorporated in the collective agreement. Specifically, subsections 33, 34, 35 & 37 exclude certain employees from the hours of work and overtime provisions. The employee is entitled to 1.5 times their regular rate of pay for all hours worked in excess of an average of 40 hours per week over the period covered by the agreement. By QuickBooks Canada Team November 13, 2019 7 min read Understanding overtime in Canada ensures you're paying employees fairly when they work more hours than the normal work period. Other excluded employees (for example,managers, EAAs, SEAs) are not compensated for overtime. Overtime pay also comes into play during public holidays. Regular hours 8 at $15.00 = $120.00 2. This applies even if the employee works less than 40 hours in a week. Specify the number of weeks (one to four) over which hours will be averaged; Specify the work schedule for each day covered by the agreement; Specify the number of times the agreement may be repeated; Specify a start date and an end date for the agreement; Be signed by the employer and the employee before the start date; and. Total wages number of days worked = statutory holiday pay (an average day's pay). A Guide to Canadian Labour and Employment Laws. In order to be valid, an averaging agreement must: Please note that the averaging agreement does not have to be filed with the Employment Standards Branch. Jen works as a receptionist at a paper company. overtime lawsfollow the typical overtime in Canada structure of 1.5 times the standard pay for more than 40 hours worked per week. 5. Talk to your supervisor to find out how overtime compensation is provided in your department. Each financial situation is different, the advice provided is intended to be general. If an employee works during this period (e.g. Standby pay - Province of British Columbia So to help B.C. Paid public holidays, also known as statutory holidays or general holidays, are days throughout the year where most businesses are legislated to close but must still pay eligible employees as though it was a regular workday. So their Stat Pay is calculated as $3,200.00 / 22 = $145.45 for the Stat Pay. There are quite a few exceptions based on location, position, and payment structure. 40 Regular Rate Hours Calculating overtime in a week including a statutory holiday Wages do not include overtime. It should be noted that when statutory holiday pay is earned and weekly overtime is also earned, as in Example 2 above, the employer is not required to pay both. The overtime rate would be $20 multiplied by 1.5, which is $30. As long as the employer agrees, employees can store their overtime hours and use them for time off. Alex's average day's pay is $150. If an employee doesn't qualify for statutory holiday pay, they get regular pay for working on a statutory holiday. The common factor however, is that all regions require that employees should be paid overtime accordingly for any hours worked beyond their regular work day or week. An averaging agreement is when hours worked are calculated by finding the average of one, two, three, or four weeks. PLUS, an average day's pay (for the stat holiday) Calculation for pay on the statutory holiday: 1. If the employee and employer form a written agreement to stagger work hours over multiple weeks, overtime payment may not apply. Overtime only applies after 44 hours actually worked, not simply paid. This unexpected call back to work is different than overtime. Overtime Pay in B.C. (Ultimate Guide - Samfiru Tumarkin LLP The PiggyBank editorial team strives to provide you with, This article has been reviewed for accuracy by a Senior Editor that is. Where there is evidence to support findings that the employer and the employee agreed that a specific number of hours of work would be compensated by a specific salary, the employee would be entitled to straight time wages for work performed in excess of what was agreed to. All Rights Reserved. Question. Do the sick days have to be taken consecutively? 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