Canadian Payroll Reporter

5 Canadian HR Reporter, a Thomson Reuters business 2014 CPR | September 2014 Legislative Roundup Another amendment to the act clarifies that employees have the right to select the financial institution into which the employer deposits their pay, if the employer is using direct deposit. Other amendments allow the director of Employment Stan- dards to impose fines of up to $900 on employers who contravene provisions in the Employment Standards Act, such as those cover- ing overtime pay, call-in pay, statutory holiday pay, vacation pay, minimum wage, paying wages and keeping records. If, after an investigation, the director finds that an employer contravened the act, the director will give the employer 30 days to comply. If the employer fails to do so, the penalty for a first viola- tion will be $150. For each subsequent violation, the penalty will increase by increments of $150, to $300 for a second contraven- tion, $450 for a third, $600 for a fourth, $750 for a fifth and $900 for any subsequent violations. The government has also amended regulations under the act to specify the information that employers must provide when they are applying to the Employment Standards director for an exemp- tion from providing time off work for an employee who requests a reservist leave or an extension of the leave. The act allows em- ployers to request an exemption if the leave would adversely affect the health or safety of the workplace or the public or cause the employer undue hardship. The application must include the employer's name and address; the name and address of each employee for whom the employer is applying for an exemption; and a statement that explains the nature of the employer's business, the type of work the employee does, the reasons why the employer wants an exemption and the terms of the exemption. Newfoundland and Labrador Reminder: Minimum wage rose Oct. 1 The minimum wage rate in the province rose from to $10.25 $10.00 per hour on Oct. 1. The provincial government has announced that the rate will go up again on Oct. 1, 2015, to $10.50. Last year when the government announced the changes, it said it expected to carry out a further review of the minimum wage in 2015. Manitoba New employment standards for temporary help workers Amendments to the province's Employment Standards Code ex- tending notice of termination and termination pay requirements to temporary help employees came into effect Oct. 1. The provincial legislature passed Bill 50, The Protection for Temporary Help Workers Act (Worker Recruitment and Protec- tion Act and Employment Standards Code Amended) in June. The purpose of the legislation is to better protect temporary help workers. The provincial government has also amended The Employment Standards Regulation as of Oct. 1 to specify when a temporary help employee's layoff becomes a termination. Employers are re- quired to give employees notice of termination. Since layoffs are a temporary break in employment, the province does not require employers to provide notice to employees being temporarily laid off. However, if the layoff is longer than eight weeks in a 16-week period, Employment Standards considers the employee to be ter- minated and the employer must provide notice of termination. The amended regulation specifies that any week in which a tem- porary help worker is not available for work is not included as one of the eight weeks, but is included as one of the 16 weeks. Similar rules apply if Employment Standards has approved a longer pe- riod for temporary layoffs. Employment Standards does not consider a temporary help employee to be available in a week if on one or more days in that week, the individual cannot work, is not available for work or re- fuses an assignment. Once a temporary help employee has been laid off for more than eight weeks in a 16-week period, Employ- ment Standards considers the employment terminated and the employer must provide notice of termination. The amended regulation also stipulates a temporary help work- er is not entitled to termination notice if he or she works fewer than 12 hours a week, has substantial control over whether to ac- cept shifts and is not penalized by the employer for refusing work. It also prohibits temporary help agencies from restricting a temporary worker from obtaining permanent employment, regu- lates the charging of fees in situations where an agency's tempo- rary workers obtain employment with a client and requires temp agencies to be licensed by Manitoba Labour and Immigration. In another amendment, the government added termination standards to the list of provisions in the code that do not apply to temporary election workers. They are also excluded from stan- dards covering minimum wage, standard hours of work, overtime and statutory holidays. Reminder: Minimum wage rose on Oct. 1 The provincial government increased the general minimum wage to $10.70 from $10.45 per hour on Oct. 1. It also implemented a minimum wage of $10.95 per hour for security guards who hold a license issued under The Private In- vestigators and Security Guards Act. The guards were previously covered under the general minimum wage rate. The wage change is the first in a series of minimum wage hikes for security guards to help address high turnover rates in the in- dustry. The government plans to raise the rate for security guards again on Oct. 1, 2015, with the rate going up by 50 cents more than the general minimum wage rate. On Oct. 1, 2016, the minimum wage rate for security guards will increase 75 cents above minimum wage. On Oct. 1, 2017, it will increase by another 75 cents, resulting in a rate that will be $2.25 more per hour than the provincial minimum wage rate. Effective Oct.1, the rate will rise to $10.20 from $10.00 per hour. The provincial government will annually index the minimum wage rate in the future. The indexation formula will be based on percentage changes to the consumer price index and the average hourly wage for the previous year. Changes will occur on Oct. 1, with the government announcing the rate change on or before June 30 each year. Prince Edward Island Reminder: Minimum wage rose on Oct. 1 The provincial minimum wage rate rose to $10.35 from $10.20 per hour on Oct. 1. The government increased the rate to $10.20 on June 1, the first change in close to two years. Saskatchewan Reminder: Minimum wage rose on Oct. 1 The minimum wage rate in the province rose to $10.20 from $10.00 per hour on Oct. 1. The provincial government plans to annually index the mini- mum wage rate in the future. The indexation formula will be based on percentage changes to both the consumer price index and the average hourly wage for the previous year. Future changes will occur on Oct. 1, with the government an- nouncing the rate change on or before June 30 each year. from LeGIsLATIVe on page 1

• Cover