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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The Court of Appeal provided guidance recently on how CERB payments should be treated with respect to wrongful dismissal damages. In Yates v. Langley Motor Sport Centre Ltd., 2022 BCCA 398 the Court of Appeal found that CERB payments do not concern employers in wrongful dismissal claims, as it is a benefit provided to workers to offset the impact of the COVID-19 from the authorities administering the income assistance program, not the employers. Therefore, taking into account policy considerations, the Court of Appeal deemed it would not be keep with the intention of Parliament to deduct CERB payments from wrongful dismissal damages.
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The Court of Appeal decision of Café La Foret ltd v. Cho, 2023 BCCA 354 is a reminder to all employers that even misconduct such as sexual harassment will not always justify cause for dismissal. Context plays a big role in determining whether an employer has cause for dismissal.
