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BC Employment Standards Act

BC Federation of Labour launches "Fight For $15" campaign to increase province's minimum wage

Jurisdiction: - British Columbia

The BC Federation of Labour issued the following news release on November 26, 2014 outlining its new camaign to increase the province's minimum wage, which currently sits at $10.25 for most jobs, to $15:

BCFED launches Fight For $15 campaign to increase the minimum wage

November 26, 2014

VANCOUVER - The BC Federation of Labour has launched the Fight For $15 campaign, calling on the provincial government to increase the minimum wage to $15/hour.

"At the current minimum wage, working full-time is not enough to lift a worker out of poverty," said Jim Sinclair, President of the BC Federation of Labour. "It has been almost three years since the last increase to the minimum wage. Workers fall behind when their wage is stagnant, yet the cost of living goes up each year."  read more »

Class action lawsuit launched against Canadian Hockey League for breach of employment standards obligations

Ontario lawyer Ted Charney, Charney Lawyers, announced that he has filed a class action lawsuit against the Canadian Hockey League for breach of employment standards legislation as it relates to the junior hockey players who play in the league. This is his press release:

CHL CLASS ACTION LAUNCHED TORONTO, October 20, 2014 - A class action has been commenced on behalf of all players in the Ontario Hockey League (OHL), Western Hockey League (WHL), and the Quebec Major Junior Hockey League (QMJHL) who entered into contracts with the teams in those leagues. It is alleged that the contracts with the players are employment contracts that contravene the minimum wage set by the legislation governing each jurisdiction where a team is domiciled.

The defendants are the Canadian Hockey League, the OHL, the WHL, the QMJHL, and the sixty teams that play in each of these leagues.  read more »

BC's minimum wage increased to $10.25 on May 1, 2012

Jurisdiction: - British Columbia

British Columbia's minimum wage increased to $10.25 per hour on May 1, 2012.

The BC Government's May 1, 2012 news release stated as follows:

B.C.'s minimum wage will increase to $10.25 per hour on Tuesday, May 1, Minister of Labour, Citizens' Services and Open Government Margaret MacDiarmid confirmed today.

At the same time, the minimum wage rate for liquor servers will increase to $9.00 per hour.

This is the third increase to the minimum wage over the past year, and follows on Premier Christy Clark's commitment in March 2011 to increase minimum wage in three stages to $10.25 per hour by May 1, 2012, providing more support for B.C. workers and families in every region of the province.

Non-hourly rates paid to camp leaders, live-in home support workers and resident caretakers will be adjusted at the same time in proportion to the increase in minimum wage.  read more »

British Columbia to get "Family Day" statutory holiday starting in February 2013

Jurisdiction: - British Columbia

British Columbia will be getting a "Family Day" statutory holiday starting in February 2013. The announcement was made in the BC Government's Speech from the Throne on October 3, 2011. Family Day will occur on the third Monday of every February. A few facts:

  • Three other provinces already have statutory holidays in February celebrating families: Alberta, Saskatchewan and Ontario.
  • With the addition of Family Day, BC will have ten statutory holidays. The others are: New Years Day; Good Friday; Victoria Day; Canada Day; B.C. Day; Labour Day; Thanksgiving Day; Remembrance Day; and Christmas Day.
  • The only other jurisdiction in Canada with ten statutory holidays is the Northwest Territories
  • Easter Sunday, Easter Monday and Boxing Day are not statutory holidays in BC.
  • Following the Vancouver 2010 Olympics, there was a movement to have a statutory holiday in February called Glowing Hearts Day.

"Changing Employment Terms—Developments in Constructive Dismissal"

"Changing Employment Terms—Developments in Constructive Dismissal" is the title of a paper that Richard E. Press of Davis LLP in Vancouver, BC prepared for the Employment Law Conference held on May 2011 (Continuing Legal Education Society of British Columbia).

The Table of Contents is as follows:

  • Constructive Dismissal-The Basics
  • Responding to Repudiation of the Employment Agreement
  • Condoning Changed Terms.
  • Non-Legal Strategies to Have an Employee Accept Changed Terms

"A New Twist on Director’s Liability for Unpaid Wages in a Unionized Environment"

Jurisdiction: - British Columbia
Sector: - Film & TV

Kevin O'Neill, a lawyer at Faskens, has written an article entitled, "A New Twist on Director’s Liability for Unpaid Wages in a Unionized Environment" (March 15, 2011). The article was published in the firm's HR Space newsletter.

It addresses the decision of the BC Employment Standards Tribunal in Writers Guild of Canada and The Director of Employment Standards, BC EST #RD021/11.

As noted by Mr. O'Neil in the article:

  • The BC Employment Standards Act imposes liability on directors or officers for up to two months of unpaid wages for each affected employee.
  • However, in the Writers Guild case, a company director "avoided ESA enforcement proceedings against him because the unpaid amounts arose out of an arbitration award against the company, in a unionized setting".