Minimum wage: $14.50 an hour (effective April 1, 2023) the minimum wage increased to On

October 1, 2023, the minimum wage will increase by another 50 cents, bringing it to $15.00 per hour.

If you are paid on the basis of an hourly rate of pay, or a fixed weekly/monthly wage, you are entitled to be paid the legislated minimum wage. The minimum wage rate applies even if you are paid on a commission basis.

The legislated minimum wage does not apply to those deemed to be self-employed workers (sometimes referred to as “independent operators” or “independent contractors”). If your employer treats you as a self-employed worker, but you believe you are in fact an employee, we can advise and support you in fighting for your status and rights as an employee.

Normally you are entitled to be paid overtime when you have worked more than 40 hours in a week at the minimum overtime rate of pay ($19.13/hour effective October 1, 2021).

You can also “bank” your overtime and receive 1½ hours of paid time off work for each hour of overtime worked instead of overtime pay if you and your employer have agreed to that arrangement (certain time restrictions apply).

Overtime does not apply to agricultural workers. Exemptions to overtime may be granted in the case of live-in housekeepers and baby-sitters where there is an arrangement for time off, as well as when overtime results from employees switching shifts.

There are six public holidays throughout the year:

• New Year’s Day

• Good Friday

• Memorial Day/Canada Day;

• Labour Day

• Remembrance Day

• Christmas Day

Have you been employed for at least 30 days leading up to a stat holiday and worked your scheduled shift prior to, and after, the public holiday? If so, you are entitled to an average day’s pay even when you don’t work on the public holiday.

If you work shifts of varying hours, your average day’s pay is calculated by the average number of hours worked in a day over the previous 3 weeks multiplied by your normal rate of pay.

If you do work on the public holiday, you are entitled to receive wages at twice your regular rate of pay for the hours worked, or an additional day off with pay within 30 days, or an additional vacation day.

If you are required to work less hours on a public holiday than you would normally work, you are entitled to be paid at your regular rate of pay for the hours worked plus a regular day’s pay.

If the public holiday falls on a day when you would not normally be scheduled for work, you are entitled to a paid day off on the first day immediately after the holiday, or another paid day off mutually agreed to by you and your employer.

If you report to work for a scheduled shift of 3 hours or more and the shift is canceled, in whole or in part, you must be paid for at least 3 hours.

Your employer cannot deduct cash shortages, customer theft, or damage to product/property from your pay or tip.

Your employer cannot require you to pay for a uniform where the uniform is unique to the employer’s business operation and/or is identified with your employer’s operation.

You are entitled to be paid for the time you spend at your workplace at your employer’s request, such as: mandatory meetings scheduled before/after the work day; working beyond your scheduled shift to conclude business (closing cash, clean-up, locking up, etc.); and attendance at training required by your employer.

Tips or gratuities (or surcharges paid in lieu of a tip or gratuity) given to you are your property and cannot be withheld, in whole or in part, by your employer.

However, your employer may make deductions for statutory deductions (EI, CPP, income tax, etc.) from a surcharge in lieu of a tip or gratuity, or where the amount of tip or gratuity is itemized on a credit card/debit card slip.

If you have worked for your employer for 5 days or more, you are entitled to vacation pay. If you have worked for your employer for less than 15 continuous years, vacation pay is calculated as 4% of gross wages (includes commissions and overtime). If you have worked for your employer for 15 continuous years or more, vacation pay is calculated as 6% of gross earnings. Vacation pay is subject to statutory deductions (EI, CPP, income tax).

Your employer can pay you your vacation pay each pay period as long as you have been advised of this and the amount is detailed on your pay statement.

You qualify for an annual vacation if you have worked for your employer at least 90% of your available working hours for at least 12 continuous months.

If you have worked for your employer less than 15 years, you are entitled to 2 weeks vacation per year in one unbroken block of 2 weeks, or two unbroken blocks of one week (your choice).

If you have worked for your employer for more than 15 years, you are entitled to 3 weeks vacation per year in one unbroken block of 3 weeks, 2 unbroken blocks of 2 weeks and 1 week respectively, or 3 unbroken blocks of one week.

Your employer can cancel your vacation, but if you and your employer had agreed to the vacation in writing, your employer must compensate you for reasonable expenses that you cannot recover due to the vacation being canceled.

If your employment is terminated, you must be paid any outstanding vacation pay within one week of your employment ending.