What Does British Columbia’s New Pay Transparency Act Do?

Posted on by Taylor & Blair LLP Posted in Employment Contracts, Gender EqualityTagged , ,

With a view to promote gender equality and pay equity in the workplace, the province of British Columbia passed the Pay Transparency Act on May 11, 2023, and will come into effect on November 1, 2023. This act is designed to provide greater transparency regarding employee compensation and the gender pay gap by placing new requirements on employers. The act applies to all employers in the province of British Columbia, regardless of size or business sector.

Key Details of the Pay Transparency Act

There are 4 main areas where the act creates changes: pay transparency and pay history, job postings, prohibiting retaliation, and pay transparency reporting.

Pay Transparency & Pay History

The Pay Transparency Act gives employees the right to request information about compensation in their workplace. Once an employer receives a request regarding compensation in the workplace, employers are required to provide the requested information within a reasonable timeframe. … Continue reading

How Do You Know If Your Severance Package Is Fair?

Posted on by Brianne Gillham Posted in Employment Contracts, Severance Entitlements, Employment Agreements

When the time comes to part ways with your employer due to no fault of your own, you will be entitled to severance, an amount of money to make you whole due to the loss of your employment.  Severance is governed by employment contract, the common law and statute, with facts such as your age, position held, length of service, reason for the termination factor into the equation. Depending on the type of position you held and in what industry it can be a complicated question determining entitlement.

This leads to the obvious question: how can I tell if my severance fair?

Is My Severance Package Fair?

So how do you know if you’re being offered fair severance? The starting point for this, as with almost everything in employees law, is the employment agreement.

Is there a written employment agreement? If so is it enforceable? If there … Continue reading

Overtime Pay – Who Gets It & When?

Posted on by Taylor & Blair LLP Posted in Overtime, Employment Agreements

With skyrocketing inflation and costs of living, overtime pay can be a great way for employees to earn extra money.  However, outside of governmental and unionized work environments most employers are not enthused to have to pay more into wages with overhead already being high.

At the end of the day entitlement has less to do with an employee or employees wants as it does a function of hours worked, employee duties and obligations, and the law regarding overtime pay in British Columbia.

Hourly vs. Salaried Workers

For employees paid by the hour the overtime pay structure is mandated by provincial legislation.  Hourly employees are paid 1.5 times their hourly rate for any time worked over 8 hours a day up to 12 hours. Any time worker over 12 hours attracts 2 times their hourly rate.  While employees can contract into further entitlements, this is the base entitlement to overtime … Continue reading

Can Your Employer Reduce Your Pay?

Posted on by Taylor & Blair LLP Posted in Employment Contracts, Severance Entitlements, Constructive Dismissal, BC Employment Standards Act

When it comes to employment, compensation is a crucial aspect that directly impacts every employee’s livelihood and satisfaction with their job.  In Canada workers are protected by laws that outline the rights and responsibilities of employees and employers. However, the question of whether an employer can reduce an employee’s pay is a matter that requires closer examination.

Understanding Employment Contracts

In British Columbia, employment relationships are typically governed by employment contracts. These contracts can be oral or written, explicit or implied. When an employer wishes to alter an employee’s pay, it is essential to first review the terms of the employment contract. The contract may contain provisions related to salary, overtime, bonuses, or other forms of compensation. If the contract allows for pay reductions under specific circumstances, the employer may have the authority to make such a change, provided they don’t run afoul of employment laws and employment standards.… Continue reading

What is the Duty to Mitigate in Employment Law Cases?

Posted on by Taylor & Blair LLP Posted in Wrongful Dismissal, Employment Agreements, Duty to Mitigate

Having your employment terminated can be a terrible blow, not just to your confidence and self-image, but financially as well.  If you have lost your job but your employer has not paid you what you’re owed under the law for severance, or other obligations, you can bring an action in the court system to be made whole.

One of the most common types of employment law claims are wrongful dismissals.  These claims centre around the allegation that your employment was terminated without cause and you were not provided the appropriate severance payment in light of the following considerations:

  • The terms of your contract 
  • Your age
  • The nature of your position
  • Your length of service 
  • Your remuneration or pay 

The amount you are owed for a wrongful dismissal will vary depending on these considerations. However, you are not entitled to simply sit on your hands and await payment of damages from … Continue reading