Labour and Employment Law Blog

Tips, otherwise known as gratuities, are not included in the definition of “wages” under the BC Employment Standards Act (the Act); however the Act still regulates tips in other ways.

In 2019, the Act was amended to include, among other changes, a definition of “gratuity”, guidance on when an employer may withhold gratuities, and who is entitled to share in a tip ...

Online platforms that offer ride-hailing and delivery services have become increasingly popular in recent years. Starting in September, companies that offer such services will be required to provide workers in British Columbia with certain minimum employment standards and workers’ compensation coverage. This is the first legislation of its kind in Canada.

Earlier this week, the BC Government introduced Bill 13 – 2023: the Pay Transparency Act (the “PTA”). We discuss below the changes that have the greatest potential to affect employers.

New Duty to Publish Salary or Wage Information for Publicly Advertised Job Opportunities

The PTA will require employers, unless exempt by regulation, to specify the expected salary ...

In 2018, after several years of working at Buzzfeed, Keith Habersberger, Ned Fulmer, Zach Kornfeld, and Eugene Lee Yang started 2^nd Try, LLC (“2^nd Try”). 2^nd Try is a California production company, created and managed by the four individuals (a.k.a. the “Try Guys”). The Try Guys produced and starred in original video content wherein – you guessed it – they try ...

Following the passing of Her Majesty Queen Elizabeth II on September 8, 2022, the federal government announced earlier this week that September 19, 2022, will be a National Day of Mourning in Canada. This coincides with Her Late Majesty’s State Funeral in London and signifies the end of the official period of mourning in Canada. The full press release can be found here.

As ...

We often assist employers in defending claims by managers who allege that the employer failed to pay overtime. In this blog post, we explore some of the common pitfalls we see in such cases.

Many employers assume that managers are never entitled to additional pay for any additional hours worked, and that the manager’s wage or salary is their entire entitlement to ...

Further to our previous blog post on paid sick days, the British Columbia government has just announced amendments to paid sick days under the Employment Standards Act. The amendments are:

• Calendar Year: The current language in the Act says that employees are entitled to five paid sick days in “each employment year.” This was administratively burdensome for employers ...

On February 28, 2022, the Government of Ontario introduced Bill 88, Working for Workers Act, 2022 (“Bill 88”), which if passed, would introduce new legislation regarding digital platform workers, as well as amending the Employment Standards Act, 2000 (“ESA”) and other statutes. Read on to find out the key points in Bill 88 that may affect your business.

Digital ...

Employers commonly seek our advice on issues related to maternity and parental leave. Here are some of our most frequently asked questions:

Q: Can I ask a candidate for employment whether or not they are pregnant, or whether they are planning on starting a family? I need to know to minimize disruption to my small business.

A: It is generally inadvisable to ask such questions ...

Did you know that businesses are protected from being sued for COVID-19 transmission, in certain circumstances, in British Columbia?

In the summer of 2020, the British Columbia government enacted the COVID-19 Related Measures Act and the Covid-19 (Limits on Actions and Proceedings) Regulation to support B.C.’s restart plan for the COVID-19 pandemic. One of the ...