Employment Standards Information Session Presented by Alberta Labour Fall 2018
Presenting an Overview of Employment Standards This presentation informs about Employment Standards legislation, regulations and the department's approach to complaint resolution and enforcement. The information provided is not a substitution for legal advice. For complete and accurate information please consult the Code, Regulations or our Employment Standards Contact Centre. Contact information and a list of resources will be provided at the end of the session.
Agenda 1. Introduction 2. Minimum Standards & Entitlements 3. Administration & Enforcement 4. Questions & Parking Lot 3
What are Employment Standards? • The Employment Standards Code provides the minimum standards of employment for employers and employees in Alberta • Agreements cannot be made for less than minimum standards • Apply to most employees working in Alberta Some exemptions include: o • Federally-regulated industries • Self-employed individual • Contractors • Employees covered by other Acts 4
Bill 17, the Fair and Family-friendly Workplaces Act , was enacted January 1 st , 2018 The law relating to the relationship between employers and employees had not been updated in nearly 30 years 5
Employment Standards Code Legislation Changes • Minimum Wage • Deductions • Rest Periods • Overtime • Hours of Work Averaging Agreements & Flexible Averaging Agreements • Job-Protected Leaves • General Holiday Pay • Farm & Ranch Employment • Youth Employment Updates • Exemptions & Variances • Administration, Appeals, Enforcement 6
Minimum Standards & Entitlements 7
Wages Deductions Hours of Work Rest Periods 8
Wages • Wages are payment for work that has been done – Wages exclude overtime pay, vacation pay, general holiday pay, termination pay, gifts, non-performance related bonuses (i.e. bonuses NOT based on hours of work, production, or efficiency), expense allowances, tips and other gratuities • Minimum wage is $13.60 per hour • As of October 1, 2018, minimum wage will be $15.00 per hour • Employees are entitled to at least 3 hours at the minimum wage rate for all shifts under 3 hours in length • Employees that are “on call” or “standby” are not entitled to wages unless they are required to perform work 9
Prohibited Deductions Allowable Deductions ✓ Judgement × Faulty Workmanship – Mistakes in production or ✓ Court Order accidental damage to an ✓ Collective Agreement employer’s vehicle ✓ Personally authorized in × Loss of Property writing by the Employee – Breakage in a restaurant – Social funds, benefit plans × Cash Shortages ✓ Meals & Lodging – Dine & Dash – $4.41 for each lodging day × Uniforms – $3.35 for each meal consumed – Purchase, use, rental, cleaning or repair 10
Hours of Work • Employees need advance notice of their work times • Hours of work performed by employees must be recorded • Daily hours of work include paid breaks • The work day cannot be longer than 12 hours Under some circumstances, a Director’s variance may be granted to extend o hours of work in a day past 12 hours 11
Rest Periods • Employees must receive at least 30 minutes of rest in each 5 consecutive hours of work • If employers and employees agree, breaks may be taken in 15 minute installments • Employees must receive at least 1 rest day in each consecutive work week Maximum of 24 consecutive work days o Consecutive Consecutive Days of Rest Work Weeks 1 1 2 2 3 3 4 4 12
Overtime Hours of Work Averaging Agreements Flexible Averaging Agreements 13
Overtime Overtime Entitlements Calculations ✓ Most employees (including those with a monthly salary) are entitled to Sun Mon Tues Wed Thur Fri Sat Total overtime pay for overtime hours Hours 0 10 9 8 11 8 8 54 worked worked ✓ For most industries, overtime is # of 0 2 1 0 3 0 0 6 calculated as the hours worked in hours > 8 excess of 8 hours a day or 44 hours a week, whichever value is greater 1. Calculate daily overtime hours ✓ If overtime is banked to be taken as (any hours over 8 hours on each workday) 2 + 1 + 3 = 6 time off with pay, those hours must be 2. Calculate weekly overtime hours banked at a rate of 1.5 hours for each (any hours over 44 hours in the week) 1 overtime hour 54 – 44 = 10 3. Choose the greater of the two values ✓ Overtime hours can be banked for up 10 is greater than 6 so the overtime payable is to 6 months 10 overtime hours ✓ Collective agreements may outline alternate banking periods 14
Transitioning Compressed Work Weeks to Averaging Agreements • Averaging Agreements between employees and employers extend the hours an employee works in a day so that they can work fewer days in the work week • Compressed work week arrangements may be replaced by Averaging Agreements • Compressed work weeks entered into prior to January 1, 2018 will remain valid until the earliest: January 1, 2019 o Termination of the compressed work week arrangement o The day a subsequent collective agreement is entered into if governed by one o 15
Hours of Work Averaging Agreements (HWAAs) • Provides predictability in scheduling • HWAAs can be between: Individual – Between an individual and the employer o Group HWAA – between a group of employees and the employer (with consent by majority support) OR it o may be part of a collective agreement If a group agreement applies, any new employees hired into the group are deemed to consent and bound o by the agreement • HWAAs may be initiated at either party’s request • Averages employee hours of work over 1-12 weeks to determine overtime pay • Scheduled daily and weekly hours of work cannot exceed: 12 hours per day OR o An average of 44 hours per week o 16
Hours of Work Averaging Agreements (HWAAs ) Example: 4 days on and 2 days off in a 6 week averaging period Scheduling Requirements: - No more than 12 hours per day is scheduled and no more than an average of 44 hours per week is scheduled - All work days and the number of hours to be worked on each of those work days are identified Overtime: • If employee is asked to work beyond scheduled hours daily overtime will apply (each shift is more than 8 hours) • If employee is called in for extra shifts, averaging period overtime would apply for hours in excess of an average of 44 hours per week 17
Flexible Averaging Agreements (FAAs) • Provides flexibility in scheduling for an employee • Work schedule may be adjusted after agreement with minimal restrictions • FAAs are individual agreements only • FAAs are for employees who work at least 35 hours per week • FAAs are at the employee’s request • Hours of work may be averaged up to a maximum of two weeks • Daily overtime threshold is 10 hours per day Note: FAAs may be entered into as part of a collective agreement, but these remain individual agreements 18
Flexible Averaging Agreements (FAAs) Example: 2 week averaging period, 40 hour work week 10 hour daily overtime threshold Sun Mon Tues Wed Thurs Fri Sat Scheduled Average/week Hours over the cycle Week 1 0 10 10 10 10 8 0 48 Week 2 0 8 8 8 8 0 0 32 40 Flexible Time: • Any time that exceeds the scheduled hours and is not considered overtime • Each hour of flexible time can be taken as time off at the same rate it was earned (1:1) before the end of the next averaging period Overtime: • If the employee is asked to work longer daily hours, daily overtime is anything over 10 hours in the day • If the employee works additional hours, averaging period overtime applies if an average of 44 hours over the 2 week period is exceeded 19
Job-Protected Leaves 20
Job-Protected Leaves • Support employees in attending to personal and family matters • These are unpaid leaves of absence • Employees are eligible for the leaves after 90 days of employment Reservist Leave requires 26 weeks of employment o • Employees cannot be terminated or laid off for requesting or taking one • Most leaves require employees to provide notice before commencing and returning from a leave • Some leaves require supporting documentation (e.g., medical certificates) 21
Short-Term Leaves Type of Leave Amount of Time Available Bereavement leave 3 days per year Citizenship ceremony leave ½ day (one time only) Domestic violence leave 10 days per year Personal and family responsibility leave 5 days per year • These leaves require as much notice as is reasonable and practicable under the circumstances. • None of these leaves require a medical certificate. 22
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