The SEA does not clearly set out that overtime must be paid to workers where daily hours of work exceed either 8 hours or 10 hours (in the case of a modified work arrangement). Rather, overtime might be paid only where the worker exceeds the threshold of 40 hours work in a week. So do workers get to work longer hours for less pay?
We can see the difference – can you?
See section 2-18 of the SEA (which will replace The Labour Standards Act)
The provision does NOT specify that overtime must be paid when a worker is required to work or be at the employer’s disposal for more than eight (8) hours in a day; rather, it refers only to overtime being paid where the worker is required to work or be at the employer’s disposal for more than forty (40) hours in a week or works 5 x 8 hours shifts in a week or 4 X 10 hours shifts in any week. It is unclear when overtime pay is triggered, if an employee typically works 8 hours shifts according to their schedule, and is subsequently assigned a 10 hour shift, the SEA does not address whether they get overtime or not. It also appears that the Employer might rely on a standard set of rules one day and then change it up the next.
In contrast, the current Labour Standards Act sets out clearly in section 6 (2), that overtime shall be paid where a worker must work or be at the employer’s disposal for more than eight hours in any day or forty hours in any week (subject to a 10-hour day).
Take action now and tell your MLA that you don’t want to be brought up short.
Purple Works Profile
Our Summer 2019 Member of Distinction is Brenda Coben! Brenda is a long- time member of SEIU-West. She works as a Continuing Care Assistant at the Elrose Health Center. She is the current Unit Chair and does a fantastic job of representing and engaging her co-workers. She is also an...Read more