Employment Standards for B.C. Food Service Workers
Employment Standards for B.C. Food Service Workers
11 Wages and Wage Statements
The minimum wage in British Columbia applies to all workers, no matter what their age. The minimum wage is changed from time to time to reflect changes in the cost of living.
Employees must be paid at least twice a month. All money earned in a pay period must be paid within eight days after the end of the pay period. This does not include annual vacation pay and wages credited to an employee’s time bank. A pay period cannot exceed 16 days in length. For example, if a food server works the month of January, and the pay period is from January 6 to January 19, the server must be paid by January 27 (Figure 4). Wages can be paid by cash, cheque, direct bank deposit, bank draft, or money order. Payment by direct bank deposit must be authorized in writing by the employee or by a collective agreement.
Employers cannot make deductions from the employees’ wages without the written consent of the employee unless the deductions are permitted or required under provincial or federal law. For example, employers are required by federal law to deduct employee contributions for income tax, Canada Pension, and Employment Insurance.
Employees may request that the employer pay part of his or her wages to a third party. This is called assignment of wages. An employer must pay assigned wages to:
- A trade union under the Labour Relations Act
- A charitable or other organization
- A pension or superannuation plan
- An insurance company for medical or dental coverage
- A person to whom the employee is required to pay maintenance under the Family Maintenance Enforcement Act
Employers must also honour an assignment of wages authorized by a collective agreement. For example, many collective agreements include a group life insurance plan as a benefit. If the collective agreement calls for this, employers must deduct the premium from the employees’ wages. Employers may honour a written assignment by an employee to pay a debt, but they are not obliged to do so. Any wages assigned by an employee must be paid within one month of being deducted.
Employees wishing to cancel an assignment of wages or cancel the direct deposit of their wages must notify the employer and the person or organization receiving the money in writing.
Employers may not deduct wages as a result of damage, breakage, or loss. For example, a restaurant is not permitted to charge an employee for breakage of glassware or dishes.
An employee who has been fired or laid off must be paid in full within 48 hours. If an employee resigns or quits, he or she must be paid in full within six days. If the employee cannot be located, the employer must pay the wages to the Branch within 60 days. The funds are then held in trust for the former employee.
Wage Statements
On each payday, the employer must give employees a written wage statement (Figure 5) that includes:
- The employee’s name and address
- The hours worked by the employee
- The employ