In British Columbia, the classification of workers as employees, independent contractors, or dependent contractors carries legal implications which can be hugely significant to employers and workers alike. While employees and independent contractors are widely known and understood the category of workers, dependent contractors occupy a unique position in the realm of employment law and are often not understood by the public at large. What is a Dependent Contractor? Dependent contractors are workers who are in an employment relationship with a business that falls somewhere between that of an em ..read more

The landscape of the modern workplace is constantly evolving from changes in laws to changes in how we work whether remotely or digitally. With these changes, the legal complexities that businesses must navigate are also evolving. One such challenge is the potential misclassification of employees as independent contractors and vice versa. While some view this issue as nothing more than an administrative oversight, the reality is such misclassification can have serious legal implications for businesses, including lawsuits and potentially significant monetary damages. What Is The Difference Betw ..read more

As of February 1, 2024, federally regulated employees will benefit from new entitlements upon termination of their employment further to changes to the Canada Labour Code. These changes are important for employers and employees alike to be aware of. These changes are part of a larger campaign to introduce new regulatory initiatives that will impact federally regulated employers and employees under the Canada Labour Code. Many of these initiatives are still under development and are planned for gradual release through the end of 2025. Federally Regulated Employees A federally regulated employee ..read more

As with most areas of law, the vast majority of disputes between employers and employees are often resolved through negotiated settlements, whether via direct negotiations or mediation, without the need for a trial. Unlike settlements with respect to other areas of law, such as personal injury claims, or denied life insurance claims, when an employment law claim is settled there are tax implications that need to be considered by all parties involved. Tax Treatment of Settlement PaymentsWhen an employee receives a payment as a result of the settlement of an employment law dispute, the tax impli ..read more

With a view to promote gender equality and pay equity in the workplace, the province of British Columbia passed the Pay Transparency Act on May 11, 2023, and will come into effect on November 1, 2023. This act is designed to provide greater transparency regarding employee compensation and the gender pay gap by placing new requirements on employers. The act applies to all employers in the province of British Columbia, regardless of size or business sector. Key Details of the Pay Transparency Act There are 4 main areas where the act creates changes: pay transparency and pay history, job postings ..read more

When the time comes to part ways with your employer due to no fault of your own, you will be entitled to severance, an amount of money to make you whole due to the loss of your employment.  Severance is governed by employment contract, the common law and statute, with facts such as your age, position held, length of service, reason for the termination factor into the equation. Depending on the type of position you held and in what industry it can be a complicated question determining entitlement. This leads to the obvious question: how can I tell if my severance fair? Is My Severance Pack ..read more

With skyrocketing inflation and costs of living, overtime pay can be a great way for employees to earn extra money.  However, outside of governmental and unionized work environments most employers are not enthused to have to pay more into wages with overhead already being high. At the end of the day entitlement has less to do with an employee or employees wants as it does a function of hours worked, employee duties and obligations, and the law regarding overtime pay in British Columbia. Hourly vs. Salaried Workers For employees paid by the hour the overtime pay structure is mandated by pr ..read more

When it comes to employment, compensation is a crucial aspect that directly impacts every employee’s livelihood and satisfaction with their job.  In Canada workers are protected by laws that outline the rights and responsibilities of employees and employers. However, the question of whether an employer can reduce an employee’s pay is a matter that requires closer examination. Understanding Employment Contracts In British Columbia, employment relationships are typically governed by employment contracts. These contracts can be oral or written, explicit or implied. When an employer wishes to ..read more

Having your employment terminated can be a terrible blow, not just to your confidence and self-image, but financially as well.  If you have lost your job but your employer has not paid you what you’re owed under the law for severance, or other obligations, you can bring an action in the court system to be made whole. One of the most common types of employment law claims are wrongful dismissals.  These claims centre around the allegation that your employment was terminated without cause and you were not provided the appropriate severance payment in light of the following consideration ..read more

While most employment terminations are usually done via a letter or in a face-to-face meeting, not all dismissals are so cut and dry. A constructive dismissal is a dismissal of an employee that arises as a function of an employer changing the terms of employment for an employee unilaterally.  Such a change can rise to the level of a constructive dismissal, entitling the employee to take the position that they have been terminated and are entitled to damages. What is the threshold for constructive dismissal? Not just any change to the employment relationship can result in constructive dism ..read more