BC Minimum Wage Increase
By: Michelle QuinnThis post was co-authored by Michelle Quinn and Sonia Khan, summer student.
The BC Government has increased the province’s minimum wage from $14.60 up to $15.20 per hour. This increase is part of a recent trend to provide security to BC’s lowest earners. The minimum wage applies to all workers of any age, with no separate minimum applying to minors.
Minimum wage applies regardless of how employees are paid – hourly, salary, commission or on an incentive basis. If an employee’s wage is below minimum wage for the hours they worked, the employer must top up their payment so that it’s equal to minimum wage.
The dates below show the gradual upward shift:
- September 15, 2017 – $11.35 per hour
- June 1, 2018 – $12.65 per hour
- June 1, 2019 – $13.85 per hour
- June 1, 2020 – $14.60 per hour
- June 1, 2021 – $15.20 per hour
Beginning next year, the province’s minimum wage will be tied to inflation.
It is important to note that Part 1, Section 4 of the Employment Standards Act (“ESA”) does not allow for the minimum wage to be waived as part of an employment agreement. Agreed employment conditions that do not meet the minimum standards of the ESA, will be deemed to be of no effect. Certain employees are exempt from the ESA and are not entitled to minimum wage.
Liquor Servers
This wage increase also includes liquor servers who will now earn the general minimum wage. Before this increase, liquor servers earned a lesser minimum wage than the rest of the province at $13.95 per hour.
Part 4, Section 18.1 (1) of the Employment Standards Regulations defines a liquor server as an employee:
(a) whose primary duties are a server of food or drink or both, and(b) who as a regular part of the employee’s employment, serves liquor directly to customers, guests, members or patrons in premises for which a licence to sell liquor under the Liquor Control and Licensing Act.
If an employee falls under the above definition, you may need to review and amend applicable employment contracts to reflect the change.
If you need advice on employee matters and the ESA please contact any member of our Employment and Human Rights Group.
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Parmar v. Tribe Management Inc., 2022 BCSC 1675 is the first civil court decision to tackle whether an unpaid leave of absence for noncompliance with an employer’s mandatory vaccination policy can be considered constructive dismissal. The issue before the Court was whether Tribe Management Inc.’s decision to place Ms. Parmar on an unpaid leave of absence was reasonable following the implementation of a mandatory vaccination policy given the circumstances of the COVID-19 pandemic at the time. Ms. Parmar refused to be vaccinated due to choice. She did not apply to her employer to be exempt from the mandatory vaccination policy based on medical or religious reasons. The BC Supreme Court found that it was not a constructive dismissal. Instead, it found that Ms. Parmar had repudiated the employment contract. As a result, the claim was dismissed, and Ms. Parmar was not entitled to any damages.
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When an employee resigns to pursue a new employment opportunity with a new employer, or to start a new business venture of their own, the departing employee has to be careful not to do anything which may breach the terms and conditions of their employment agreement, or the duties of loyalty, good faith, fidelity and confidence which all departing employees owe to their former employer.
