Worksheet: British Columbia Workers’ Rights Overview

Grade 12 Law Class

Use the document “Working in British Columbia” (updated June
2024) to answer the following questions.

Section 1: Minimum Wage & Pay

1. What is the minimum wage in B.C. as of June 1, 2024?

The minimum wage in B.C. as of June 1, 2024 is $17.40 per hour.

2. Are live-in home support workers entitled to the same minimum wage
as other employees?

Other employee groups like live-in home support workers, resident

caretakers and certain farm workers have different wage rates.

3. Can employers withhold tips from employees? Under what

circumstances is this legal?

Employers can collect tips and distribute them to all employees who
shared in earning them. Employers cannot withhold tips or force
employees to give their tips to them unless they’re required to do so by
law. Under this circumstances, employers can only take a share of tips if
they regularly do the same or similar work as the employees who share
tips.

4. What is the minimum daily pay for an employee who works 1.5 hours
in a shift?

An employee who reports for work must be paid for at least 2 hours, even
if they work less than 2 hours.

5. When must employers provide a pay stub to employees? What

information must it include?

Employers must provide a pay stub (wage statement) every payday. It

should include: • The employer’s name and address • The hours worked
by the employee • The employee’s wage rate and how the wages were
calculated (e.g. hourly, salary, flat or piece rate, commission, or other
incentive basis) • The employee’s overtime rates • The hours worked at
overtime rates • Any money, allowance or other payment the employee is
entitled to (e.g. vacation pay or statutory holiday pay) • The employee’s
 gross and net wages • Any amounts withdrawn from the employee’s time
bank and how much time remains • The employee’s wage rate and how
the wages were calculated • The amount and purpose of each deduction

Section 2: Overtime & Work Hours

6. How much is overtime pay for hours worked over 8 hours in a single
day?

Employees are paid time-and-a-half for any time worked over 8 hours in a
day, up to 12 hours.

7. What is the overtime rate for hours worked over 12 hours in a day?

Employees are paid double time for any time worked over 12 hours in a day.

8. Can employees and employers agree to "bank" overtime hours instead

of immediate payment? Explain how this works.

Yes, an employee can make a written request to bank their overtime hours
instead of being paid for them during the pay period when they’re earned.
Hours need to be banked based on the overtime rate they were earned at.
Later on, the employee can ask for: • 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.

9. What is an "averaging agreement," and what is the maximum period it

can cover?

An averaging agreement is that an employer and an employee can agree to

average work hours over 1, 2, 3, or 4 weeks. Averaging agreements must be:
• Agreed to before they start • In writing • Specify a start and end date

10. If an employee works 45 hours in a week under a 2-week

averaging agreement, how many overtime hours are they owed?

Workers who are under a 2-week averaging contract receive time-and-a-half

pay for more than an average of 40 hours of work per week (i.e., 80 hours
within 2 weeks). If a worker is scheduled for 45 hours one week, the hours
within the 2-weeks must be averaged out. Since the assumptions for the
second week are not given, the second week has utilized work hours of 35
(for a total of 80 hours for both weeks). According to the above, if the sum of
the worked hours for 2 weeks is 80 hours or less, the individual is not entitled
to overtime for weekly worked hours. No overtime is ever owed for over 40
hours in a calendar week, but only for over 8 hours in a day, and it is daily
work hours over the employee's usual schedule. With specific daily hours
established, based on the weekly hours, overtime could never be calculated
unless after a workday of at least 8 hours.

Section 3: Employment Standards

11. How often must employees be paid in B.C.? What is the

maximum pay period length?

Employees must be paid at least twice per month. The maximum pay period
length is 16 days.

12. When must final wages be paid to an employee who is laid off?

Within 48 hours, if they are terminated or laid off. Within 6 days, if they quit.

13. How many statutory holidays are recognized in B.C.? Name five
of them

There are 11 statutory holidays in British Columbia: • New Year’s Day •

Family Day • Good Friday • Victoria Day • Canada Day • B.C. Day • Labour
Day • National Day for Truth and Reconciliation • Thanksgiving Day •
Remembrance Day • Christmas Day

14. What qualifies an employee for statutory holiday pay?

To qualify for statutory holiday pay, an employee must: • Have been

employed for at least 30 calendar days and • Have worked on at least 15 of
the 30 days before the statutory holiday (employees who worked under an
averaging agreement do not have to work 15 days)

15. If an employee works on a statutory holiday, how much are they

paid for those hours?

Employees who work on a statutory holiday must be paid an average day’s

pay plus time-and-a-half for hours they work. They’re paid double time for
hours worked over 12 hours.

Section 4: Leaves & Benefits

16. How many paid sick days are employees entitled to after 90 days
of employment?

After 90 days of employment, employees can take up to 5 paid days and 3

unpaid days of job-protected leave in their employment year, based on their
starting date.
 17. What is the maximum length of maternity leave in B.C.?

A pregnant employee can take up to 17 consecutive weeks. This leave may

be extended by up to 6 weeks.

18. Can employees take family responsibility leave for a child under
19? How many days per year?

An employee can take up to 5 days in each employment year to attend to

the care, health or education of a child under the age of 19 in their care.
They can also use this type of leave to attend to the care or health of any
other member of their immediate family.

19. What is compassionate care leave, and how long can it last?

An employee can take up to 27 weeks in a 52-week period to provide care for

a family member who is terminally ill and is at risk of death within 26 weeks.
A medical certificate is required.

20. Is COVID-19 vaccination leave paid or unpaid? How many hours

are covered for each dose?

The COVID-19 vaccination leave is paid. Employees can take up to 3 hours of

paid leave to be vaccinated against COVID-19. If necessary, they can take
additional paid leave for additional doses.

Section 5: Uniforms & Deductions

21. Who pays for uniforms required by the employer (e.g., with a
company logo)? Can employers charge a deposit?

If employers require a uniform or special clothing, they must provide them to

employees at no cost. They must also pay to clean and maintain these items
or agree to reimburse employees for doing it. They cannot charge employees
a deposit for uniforms.

22. Are employers allowed to deduct money from wages for

damaged company property?

No, it is illegal to deduct money from wages for damaged company property,
even if the employee agrees to it.

23. What deductions are legally required from employee wages (e.g.,
taxes)?
An employer is required by law to make deductions from employee wages,
for example: • Income tax • Employment Insurance premiums (EI) • Canada
Pension Plan contributions (CPP) • A court order to garnish wages

24. Can employees agree in writing to voluntary wage deductions

(e.g., for medical premiums)?

Yes, if an employee agrees in writing, other wage deductions can also

include: • Medical premiums • Repayment of payroll advances or purchases
made from an employer • Accidental overpayments

Section 6: Vacation & Length of Service

25. How many weeks of vacation are employees entitled to after 1

year of service? After 5 years?

After 1 year of service, employees can take up to 2 weeks per year off for
vacation. After working for 5 consecutive years for the same employer,
employees can take 3 weeks off.

26. What percentage of total wages does vacation pay represent

after 1 year? After 5 years?

Vacation pay is at least 4% of an employee’s total wages after 1 year.

Vacation pay increases to 6% after an employee has worked for the same
employer for 5 consecutive years.

27. When must vacation pay be paid to an employee?

Vacation pay must be paid at least 7 days before an employee starts their
annual vacation. If an employee and employer agree in writing, employees
can take vacation pay on every pay cheque.

28. Is vacation pay owed to an employee who leaves after 6 months

of employment?

Yes, all outstanding vacation pay must be paid on an employee’s final pay
cheque – even if they worked less than 1 year.

Section 7: Miscellaneous Protections

29. What is the minimum notice period (or pay) for an employee with
3 years of service who is terminated without cause?

After working for 3 years = 3 weeks of notice and/or pay, plus 1 week for
each additional year of employment (to a maximum of 8 weeks).
 30. Are temporary foreign workers covered by B.C.’s Employment
Standards Act?

Temporary foreign workers are covered by the Employment Standards Act

and are entitled to all of its protections. In addition, many foreign workers
have additional protections under the Temporary Foreign Worker Protection
Act.