B.C labour law and cheap company help

[flames_fan13]

I was wondering if anyone knew much about the B.C labour laws. Don't want to release too much information on it, cause I am thinking about going to local goverment labour branch. In short they are deducting my pay for meal breaks, and after reading the labour laws on meal breaks, theres a statement that says that employees who have to be available for work during meal breaks have to be paid during it. My work requires me to be available throughout my shift, and there's been numerous times i've had my meal break interupted since something comes up and have to start working. The company seems to have decided to cheap out on lower level employees and it's made me a little angry, considering i've done alot of work for them that's been outside the job description. I would quit but the job does allow me alot of time to study and do assignments so it's been a major benefit, but now that they've tried to become cheap on me, I'm not sure how long i'm going to stay. But I do want the pay they've deducted (illegally from my understanding) back and won't be leaving the company unless I find another job which might be awhile. I also want to make sure I'm understanding the law on meal breaks correct.

Thanks

[ken0042]

I think the fact that they allow you other breaks (studying and doing assignments) could be subtracted from the time they take from your meal breaks.

No where in the labour laws of Manitoba and Alberta (where I've worked) does it state that an employee must eat during his meal breaks, nor do those breaks need to be scheduled. One place I worked I would often get my 1/2 hour break within the first hour of my shift if it was busy. It sucked, but that was the way it worked.

[Sylvanfan]

Well I don't know if this is the best of times to be challenging an employer for more money. Jobs are going to get real scarce here in the new year me thinks.

Also keep in mind...companies who violate rules like that could have cooked the books a bit. Years ago the guys I went to work for challenged our old boss over unpaid over time. Turns out some so called "Bonuses" he had handed out were just enough to more or less cover the unpaid overtime for his employees according to his payroll records that he submitted to the labour board in B.C. If you're going to challenge this you'll want to make sure you have a complete set of your records and take that to the labour board and have them help you review that. In a battle of word verses word...employees tend to lose.

[Vulcan]

Yeah, maybe check up on your rights, keep your records and sock it to them when it's time to leave.

[FlamesAddiction]

I don't think I have ever been paid for meal breaks the whole time I've lived and worked in BC.

I don't know if that is right though... just recently, someone challenged our company on overtime policies and I ended up getting a few thousand dollars in back pay (as did many in the company).

[You Need a Thneed]

My opinion from what you've described is that there is a small chance that they might be in the wrong, but even if you knew they were in the wrong, it probobly wouldn't be worth fighting. Fighting your employee over what would be fairly small amounts of money is almost certainly a lose-lose situation.

Plus, my guess is that line in the act refers more to people who are asked to work through lunch, or to people who are on call. Not for people who are occasionally asked to cut their break short because something is up. If your job is like the majority of other jobs out there, the times when you are back to work before the end of your break are most likely easily made up by other perks, and bonus breaks, such as taking a few minutes longer on coffee breaks, stuff like that.

[tvp2003]

Just to clarify, there is a difference between "labour" law and "employment" law. If you work in a union and you're governed by a collective agreement, it is subject to "labour" legislation known as the BC Labour Relations Code. Otherwise, you're governed by "employment" legislation the Employment Standards Act.

I'm assuming you're in the latter group, but if not, your collective agreement contains all of this info and I'm sure a union representative can advise.

[flames_fan13]

Originally Posted by ken0042

I think the fact that they allow you other breaks (studying and doing assignments) could be subtracted from the time they take from your meal breaks.

Well they don't exactly allow it, but if I didn't I wouldn't have much to do but stare at the wall, since I work in a low traffic location. And this situation is more of the straw breaking the camel's back so to speak. They've done other stuff that's made me and a couple other employees angry, like scheduling people for 16 hour days but just paying them regular time. I understand that the economy is probably making them cut costs somewhere, but I know how they charge locations and know that they charge my wage to the location i'm working at. I probably won't fight them too much, but don't think it's right that they are deducting my pay for something the law states i should be getting paid for.

TVP2003 thanks for the clarifcation on the difference between labour law and employment law, I double checked and it was stated in the employment standards act.

http://www.labour.gov.bc.ca/esb/esaguide/#3

that's where I got the information for about the meal breaks.

[Kjesse]

Strictly speaking you might be legally right. Of course, they could also restrict you from doing homework and assignments, and they'd be legally right.

Consider this: Is it a fair compromise?

What if you approach them and ask them to pay you for your break, and they say, OK, but we're no longer going to let you do your work on our time. Would you be better off?

Nothing wrong with enforcing your rights, and those rights are there to protect certain minimum standards. Remember though you are getting a benefit above and beyond which most employers would allow, so I'm not so sure I'd rock the boat if I were you.

[Kjesse]

Originally Posted by flames_fan13

They've done other stuff that's made me and a couple other employees angry, like scheduling people for 16 hour days but just paying them regular time.

This, on the other hand, is completely unacceptable.

[flames_fan13]

Originally Posted by Delgar

Strictly speaking you might be legally right. Of course, they could also restrict you from doing homework and assignments, and they'd be legally right.

Consider this: Is it a fair compromise?

What if you approach them and ask them to pay you for your break, and they say, OK, but we're no longer going to let you do your work on our time. Would you be better off?

Nothing wrong with enforcing your rights, and those rights are there to protect certain minimum standards. Remember though you are getting a benefit above and beyond which most employers would allow, so I'm not so sure I'd rock the boat if I were you.

They technically could say I can't do my homework but that would mean they would have to actually check up on every location, cause other employees at other locations do the same. Add the fact that they all are pretty lazy and it took me 2 years of working here to actually see what the Manager looked like (he was the manager even before I started), and don't answer their phones, for employees and clients. And it's not like i'm not getting the job done, i've done what needs to be done and infact have done things over and beyond what is expected of me. Even talking to the employees of the company that has the contract with the company I work for, have even mentioned that I've worked over their expectations compared to the other employees they've received from my company.

Sorry if it feels like i'm ranting too much just been pissing me off recently and wanted to know may options

[Kjesse]

Originally Posted by flames_fan13

They technically could say I can't do my homework but that would mean they would have to actually check up on every location....

I thought when you said the job "allows" you to do homework, it was with your employer's consent. Instead your're saying, what they don't know won't hurt them. That's not the way I operate, I have no more advice for you.

[flames_fan13]

Originally Posted by Delgar

I thought when you said the job "allows" you to do homework, it was with your employer's consent. Instead your're saying, what they don't know won't hurt them. That's not the way I operate, I have no more advice for you.

They know most employees are students and have no problem with us doing homework on the job. Which isn't why i'm not afraid of them trying to stop me from doing homework. I wouldn't do it if they were to tell me not to. They don't mind if my work gets done, which it does. I'm not very good with words so maybe I worded it wrong in that other one. I just meant that it would be hard for them to enforce a policy where no employees couldn't study because 95% of the company's employee are students and the managers don't really go around to each location.

I think I was just mad when I posted the first post after seeing my pay deducted so was more into looking at options I had, so I would know what the best way to procede was. And after reading the above it sounds like I should just let things be, and will probably just do that.

[Kjesse]

Ok. That's better.

[stang]

Originally Posted by Delgar

Ok. That's better.

You have never posted on CP from work?