To print this article, all you need is to be registered or login on Mondaq.com. You can email the site owner to let them know you were blocked. Standards Act, 2000 ("ESA") or its regulations. If you think you are being discriminated against, you might be able to file a complaint with the Alberta Human Rights Commission. April 1, 2023 to March 31, 2024. #1: The End of Overtime in Alberta Amendments to section 23.1 of the Employment Standards Code will give employers the almost unfettered ability to get around requirements to pay time-and-half for overtime. The Alberta Employment Standards Code lists the following categories of employees as non-eligible in terms of the overtime rules. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. A Commentary by Wendy Ferguson Most employees in Alberta (including those paid hourly, weekly, monthly or by annual salary) are entitled to overtime pay, meaning an employer must pay at least 1.5 times the employee's wage rate for overtime hours worked. The Government of Saskatchewan does not warrant the accuracy, reliability or timeliness of any information translated by this system. ACA RESPONSE: Eliminate daily overtime but keep the weekly limit of 44 hours. Averaging agreements can be part of a collective agreement. $25.25. published_date | Publish on this future date. The employee must be involved with the confidential matters as a regular part of his or her duties. Mobile workover or completion service drilling, Registry of certificates against corporate directors, Registry of employers with unpaid administrative penalties, Registry of employers with unpaid judgments, Apply for a Ministerial order to vary or exempt, Registry of Ministerial Orders to vary or exempt, Employment standards self-assessment tool. PDF Guideline for Contract Employees and Independent Contractors Mondaq uses cookies on this website. Does the employee attend management meetings where matters such as budget, corporate policy, competitive strategy, etc. Heavy Construction. Mobile workover or completion service drilling. For example, a student who worked 30 hours in a week can be paid as low as $13/hour for the first 28 hours, but must be paid no less than $15/hour for the 2 additional hours they worked. Connect with us today at 403-225-8810 or email us to connect. Municipal district or Metis settlement employees are considered a road construction and maintenance employee if they areemployed in: The standard overtime rule of hours worked in excess of 8 hours a day or 44 hours a week, whichever is greater, does not apply to road construction and maintenance employees. Turns out, no. Basic rules Averaging arrangements allow employers to schedule an employee, or group of employees, to work longer hours per day paid at the employee's regular wage rate. This means 1 times the standard salary for working more than 40 hours a week. Overtime directive | Alberta.ca Employers who fail to comply with the Alberta Employment Standards Code pertaining to overtime legislation are guilty of an offence under the law and could very well end up paying hefty penalties and substantial back-pay to employees. Your boss is never allowed to deduct from your wages for broken items, faulty workmanship or shortages in the cash register (if anyone else had access to it). Get up-to-date on the latest news and upcoming events at CPLEA. In conclusion, the issue is anything but straightforward and I think construction has separate special rules because of the length of the season (weekly only OT instead of per day, or it kicks in at like 10 hours instead of 8 or something like that). Payment of wage vs. payments for tasks completed; Any disallowance of dividends to be owing as employment income; Losing deductions which then become employment income; Previously made payments under corporate tax rates being reassessed as employment income. Sept 1, 2022 to March 31, 2023. Is the remuneration in excess of that received by other employees? decisions and materials generally clarify that "commuting We need your feedback to improve saskatchewan.ca. The final development of the guideline was greatly assisted by Labour Standards Branch of Alberta Employment, Immigration, and Industry and the following individuals: M.Y. Any person or entities that rely on information obtained from the system does so at his or her own risk. At times, contractors and subcontractors have had to wait more than three months to get paid for their work, Glubish said. Road construction and maintenance. Oilwell servicing. Overtime Construction Inc. - Incorporated in Alberta, Canada on Mar 13, 2006 at 5141 43 ST., OLDS ALBERTA, T4H1A8 The Ontario Court of Appeal (the ONCA) recently released two decisions that discuss the meaning of "material change" (and other terminology) in the context of the Securities Act (the Act). The truth is that a company cant call just anyone a professional, thereby determining they are not eligible for overtime. Factors to consider when determining whether an employee falls within this exemption include: The exemption refers to the capacity of an employee, not the information which the employee is exposed to. Employers cannot make agreements with their employees that do not meet the minimum standards of the Employment Standards Code and Regulation and are prohibited by law from providing an employee with less than legislated minimum entitlements or requiring an employee to work hours more than their maximum allowable hours. There are special provisions in the Employment Standards Code rules for some employees in road construction and maintenance. POPULAR ARTICLES ON: Corporate/Commercial Law from Canada. compensable work (unless agreed upon otherwise), subject to some They will decide how to place employees into the HR information system and will indicate them as exempt or non-exempt or eligible or non-eligible. There are other rules your employer must follow for these arrangements. Independent contractor agreements help define roles explicitly, in writing in advance. If the contractor controls what work he or she decides to do for a particular business; Who determines the hours worked by the contractor; The party who determines where and how the work is completed; What evaluations occur of the work completed; The party required to pay for travel expenses; If the business supervises and evaluates, the contractors work; Any allowance for the contractor to subcontract out part of the duties contracted to by the business; If the contractor is free to refuse completing certain tasks; What work the business sets as a project. Mondaq Ltd 1994 - 2023. is being picked up at a central meeting location that is not on the an employee drives themselves in their own vehicle to a worksite, Does the employee have the authority to hire and fire, or effectively recommend such action? But these rules do not apply to your tips. Employees can make an overtime agreement with their employer. Like all Canadian jurisdictions, Alberta has set limits on hours of work. in investigating this issue. Quite honestly, I had never before seen this information previous to this responsenot on the Alberta.ca website and not even in the Code. various job sites is captured as "hours worked". We were provided contracts for all our employees as well as documentation custom tailored to our business, which is a huge time-saver. This section of the Bill removes language in existing legislation which says that overtime averaging arrangements have to be agreed upon by . Overtime pay is 1.5 times your regular pay. So, think of these employees as specialized individuals that are in highly confidential roles. "What we've had here in Alberta up until now was the Wild West," Glubish told CBC Calgary. clear. job site to another throughout the course of the day) and from the I urge all leaders to question if the correct methods are in place in determining the proper status of each employee in your organization. Travel to various job sites or to training is less The Employment Standards Code establishes Albertas minimum standards of employment in many areas including payment of wages, hours of work, overtime, vacation and holidays, leaves and termination of employment. 88.151.101.172 Some employers believe that if an employee is on salary, then that ought to cover any overtime they work. Everything To Know About Overtime In Canada | Eligibility - Osuji & Smith Labour Board decisions, arbitral decisions and secondary materials assist in . Generally, an employee who falls within the exemption will have access to confidential information, but it is the manner in which the employee uses the information on a regular basis that determines whether the exemption will apply. An employer may require or permit an employee or a group of employees to work an averaging arrangement. Employers can also require or allow their employees to work an averaging arrangement. Road construction and maintenance 10 191 Taxi cab industry 10 60 Firefighting Services** 44 Employment Standards | Employment Standards | Heavy Construction and Please contact the Occupational Health and Safety Division for information about fatigue management for employees working extensive overtime. Performance & security by Cloudflare. Alberta employment standards rules | Alberta.ca New Alberta legislation forces owners to pay contractors on time | CBC News Loaded. It is against the law for an employer to pay you less than minimum wage, and it is against the law for you to work for less than minimum wage. Those jobs are: Yes! We are a small construction company in alberta and our employees . With that understanding a business, and the person working for that business may then determine what works best. requires a detailed analysis based on the particular All Rights Reserved. APEGGA Question about overtime 8/44 rule. : r/alberta - Reddit business leaders call on government to enact prompt payment legislation, CBC's Journalistic Standards and Practices. PDF Alberta Construction Association The content of this article is intended to provide a general Does the employee arrange for upgrading, promotion, wage increases, leaves, vacations, overtime and layoffs of employees. Does the employee attend management meetings where policies are discussed and business decisions are made? . Peninsula really exceeded my expectations! This is an important question, as it impacts such issues as Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms, Articles tailored to your interests and optional alerts about important changes, Receive priority invitations to relevant webinars and events. "We continue to work to make sure Albertans receive compensation for their work quickly and efficiently," the spokesperson said. If the employee If you worked for less than three hours, your employer must pay you at least minimum wage for three of hours of work (unless an exception applies see below). Your IP: Are they tracking their time and being paid properly? Employees: In Canada, the test for employer or contractor status developed over time with a number of hearings and court cases. Your submissions are monitored by our web team and are used to help improve the experience on Alberta.ca. Once paid, contractors in turn have seven days to pay their subcontractors. Your employer must make sure that your work is a safe environment and that you have the right safety equipment. Ie the business owns the tools vs. the contractor owns the tools; The party responsible for maintaining, and replacing tools required to complete assigned task; The party with liability when a task is negligently completed; Who bears the financial risk if the task assigned costs more to complete; and lastly. It is provided for informational and research purposes. For example, if you work from 6pm to 9:30pm and take a one hour dinner break from 7pm to 8pm, your employer has to pay you for 3 hours even though you only worked for 2.5 hours. Comments that may help to improve this document should be addressed to: Director, Professional Practice . For more information about vacations and vacation pay, see these FAQs. In very limited circumstances employees may be exempted because they are in a capacity concerning matters of a confidential nature. The employees duties must not consist of work similar to that performed by other employees. Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. Alberta caps the daily limit at 12 hours, while employees in Quebec can refuse to work more than four hours more than their usual daily hours (e.g. replacedby_title | Is Replaced By - Title, hastranslation_title | Has Translation - Title, usageconsiderations | Usage Considerations. are discussed? The policy rationale for . Others believe that those on an hourly rate dont qualify for overtime, even when they are employees. Mobile Crane Operator working on heavy construction. This item has been replaced by a more recent resource or the content may be otherwise out of date. exceptions. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Generally, the decisions and materials suggest that an You start earning vacation pay as soon as you start working, no matter how long youve been working. part-time employees in recreational or athletic programs run by a city, town, Mtis settlement or a not-for-profit community service organization; students 13, 14, or 15 years of age employed when the student is required to attend school. Learn more about AlbertasEmployment Standards Code, Albertas Occupational Health and Safety Act, and the Alberta Human Rights Act. To fall within this exclusion, it must be shown that an employee not only has a substantial degree of access to confidential information, but also that their job function consists entirely of the use or preparation of such information for matters relating to the employers policies or strategies. Find services and information for Saskatchewan residents and visitors. (i.e. Government of Saskatchewan is not responsible for any damage or issues that may possibly result from using translated website content. The Employment Standards Regulation (Regulation) excludes a number of occupations from these sections. There are special provisions to the rules outlined in the Employment Standards Regulation for employees in specific industries. This Bill amends the Alberta Employment Standards Code (ESC) and Labour Relations Code (LRC). Box 500 Station A Toronto, ON Canada, M5W 1E6. Special overtime rules apply to some types of employees, including live-in care providers, live-in domestics, ambulance attendants, firefighters on a platoon system, oil truck drivers delivering fuel to farms, commercial hog operation employees, some city newspaper employees and highway construction workers. The Alberta Human Rights Act is designed to protect individuals in Alberta from discrimination and harassment based on race, religious beliefs, colour, gender (including pregnancy), gender identity, gender expression, physical disability, mental disability, age (if you are 18 or over), ancestry, place of origin (where you were born), marital status, source of income, family status and sexual orientation. Is overtime at work mandatory in alberta ca - JustAnswer There are rules for payment of wages, hours of work, overtime, vacations, general holidays, leaves, termination of employment, and other areas. On July 29, 2020, Bill 32: Restoring Balance in Alberta's Workplaces Act, 2020 (Bill) received royal assent in Alberta. To get answers to questions, use Alberta Connects. PDF Module 4 - Overtime Hours and Overtime Pay - Alberta contrasting that to the divergent decisions on this topic. Employment contracts and independent contractor agreements both include pros and cons. published_date | Publish on this future date. Software-based translations do not approach the fluency of a native speaker or possess the skill of a professional translator. For other jobs, employees do not get overtime. "Now that we have a clear set of rules, everyone's going to play by the same rules, and I'm cautiously optimistic that we will be in a very good position going forward.". Connect with us today at 403-225-8810 or email us to connect. Additional information on these rules can be found at: Part 3, Division 2 and 3 of the Employment Standards Regulation outlines the provisions for highway and railway construction employees. Employees covered by the Employment Standards Code and not part of an averaging arrangement get overtime pay if they work more than 8 hours a day or 44 hours per week, whichever is greater. 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