Hours of Work & Overtime

Sometimes your employer might be required to pay you for a longer period of time than you actually worked in a day.

If your employer asks you to come to work for the day and then sends you home early, then he or she must pay you for at least two hours, even if you didn’t work two hours.

If your employer asks you to come to work for more than eight hours, and then sends you home early, then he or she must pay you for at least four hours. 

If work stops for a reason beyond your employer’s control, you must be paid for two hours or the actual time you worked, whichever is more. But, if you come to work and are unfit to work, (for example, due to illness) , then your employer only has to pay you for the time you actually worked, even if it is less than two hours.

Split shifts

A split shift is when your employer requires you to divide your work day into two parts. Under BC law, you must complete your split shift within 12 hours of when your shift started. For example,if you start at 9:00 in the morning, your split shift must end by 9:00 that evening. 

Hours free from work

You have the right to a period of time in which you are not required to work.  This period of time must be at least 32 hours in-a-row. If he or she asks you to work during this rest period, then he or she may pay you time-and-a-half for any hours you work.   

You are entitled to have eight hours off between shifts unless you are required to work because of an emergency.

Your employer cannot ask you – or allow you – to work excessive hours that can harm your health or safety.

Overtime

After working 8 hours in a day you must be paid time-and-a-half for the next 4 hours worked, and double time for all hours worked after 12 hours in a day.

If you work more than 40 hours in a week, your employer must pay you time-and-a-half for every hour after 40 hours.

Meal breaks

Your employer must give you a 30-minute meal break after five hours of work in a row. He or she does not have to pay you for the meal break unless he requires you to work or be available to work during the meal break. Your employer is not required to provide you with coffee breaks.

This article is a brief introduction to some of the laws about working in BC. For more detailed information, go to the website of the Employment Standards Branch.

Payroll Deductions

Your employer is required by law to deduct things such as income tax, insurance against unemployment (EI), Canada Pension Plan contributions, or union dues. Also, if you give your written permission, your employer may make deductions for things like health and dental plans, and company pension plan contributions.

Your employer cannot deduct any part of your wages for any reason unless allowed or required by the law. You are not required to pay for such things as: 

• gas-and-dash: where someone fills their vehicle with gas and then drives away without paying;
• dine-and-dash: where someone eats a meal and then leaves without paying
• shoplifting, where someone leaves the store with something he or she hasn’t paid for;
• on-the-job accidents: where employer vehicles or equipment are damaged during work hours.

If your employer demands you to pay for any of these things, then you should contact the Employment Standards Branch. The Employment Standards Branch can order your employer to return your money, including tips.

If your employer tells you he or she cannot pay you your salary this month because he or she is making renovations,then he or she is breaking the law.

Your employer cannot deduct accidental overpayments from your pay cheque unless you give him or her written permission. For example, if your employer accidentally overpaid you $100 on a pay cheque, he or she cannot take $100 off of your next pay cheque unless you agree.

This article is a brief introduction to some of the laws about working in BC. For more detailed information, go to the website of the Employment Standards Branch.

Your Right to Paid Holidays

There are laws that require your employer to pay you for holidays. These are called "statutory" or "paid" holidays. There are nine statutory holidays in BC:

• New Years Day – January 1;
• Good Friday – On a Friday between March 20 and April 23;
• Victoria Day – Monday preceding May 25;
• Canada Day – July 1;
• BC Day ­– First Monday in August;
• Labour Day – First Monday in September;
• Thanksgiving Day ­– Second Monday in October;
• Remembrance Day – November 11;
• Christmas Day – December 25;

Easter Sunday, Easter Monday, and Boxing Day (December 26) are not statutory holidays.

To get statutory holiday pay you must have worked for at least 30 days before the statutory holiday and you must have worked or earned wages on 15 of the 30 days immediately before the statutory holiday. For example, to get statutory holiday pay for Canada Day, you need to have already worked 30 days at your job and worked on 15 days between June 1 and July 1 (Canada Day).

If you are not eligible for statutory holiday pay, you can be paid as if it were a regular work day if you work on a statutory holiday. When you are given a day off on a statutory holiday, or it falls on a regular day off, you are entitled to be paid an average day’s pay.

An average day’s pay is calculated by dividing your total wages earned in the past 30 days before the statutory holiday by the number of days you worked. Vacation days taken during this period count as days worked. For example, if you earned $1,500 in the past 30 days and worked 20 of those days, your average day’s pay is $75.

If you work on a statutory holiday, you should be paid time-and-a-half for the first 12 hours worked and double-time for any work over 12 hours, plus an average day’s pay. Time-and-a-half is your hourly salary times 1.5 and doubletime is two times your hourly salary. An employer and a majority of employees can agree to substitute or switch another day off for a statutory holiday.

This article is a brief introduction to some of the laws about working in BC. For more detailed information, go to the website of the Employment Standards Branch.