REVscene - Vancouver Automotive Forum


Welcome to the REVscene Automotive Forum forums.

Registration is Free!You are currently viewing our boards as a guest which gives you limited access to view most discussions and access our other features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is fast, simple and absolutely free so please, join our community today! The banners on the left side and below do not show for registered users!

If you have any problems with the registration process or your account login, please contact contact us.


Go Back   REVscene Automotive Forum > Vancouver LifeStyles (VLS) > Employment Resources

Employment Resources THIS SPACE OPEN FOR ADVERTISEMENT. YOU SHOULD BE ADVERTISING HERE!
Revscene-opolis
Share job postings, network, workplace humour or politics..

Reply
 
Thread Tools
Old 07-11-2012, 11:43 AM   #1
I WANT MY 10 YEARS BACK FROM RS.net!
 
Soundy's Avatar
 
Join Date: Jan 2006
Location: Abbotstan
Posts: 20,721
Thanked 12,136 Times in 3,361 Posts
Overtime question.

Question about overtime: does the employer have the option of paying OT for over 8 hours per day, OR 40 hours per week... or is over 8 hours in a day *always* OT?

I have some weeks that I'll work a couple 10-hour days, maybe a 12-hour day, and then have one completely dead day, so at the end of the week, it's under 40 hours and no OT.

They USED to pay overtime for those long days, but recently decided as a cost-cutting measure that they'd only pay it if we went over 40 hours/week instead.

My reading of the Act suggests that it's not an either-or choice for the employer, but that anything over 8 hours is OT, period.

Employment Standards Act

Quote:
Overtime wages for employees not working under an averaging agreement
40 (1) An employer must pay an employee who works over 8 hours a day, and is not working under an averaging agreement under section 37,

(a) 1 1/2 times the employee's regular wage for the time over 8 hours, and
(b) double the employee's regular wage for any time over 12 hours.
(2) An employer must pay an employee who works over 40 hours a week, and is not working under an averaging agreement under section 37, 1 1/2 times the employee's regular wage for the time over 40 hours.
(3) For the purpose of calculating weekly overtime under subsection (2), only the first 8 hours worked by an employee in each day are counted, no matter how long the employee works on any day of the week.
Advertisement
__________________
Quote:
Originally Posted by Godzira View Post
Does anyone know how many to a signature?
..
Quote:
Originally Posted by Brianrietta View Post
Not a sebberry post goes by where I don't frown and think to myself "so..?"
Soundy is offline   Reply With Quote
Old 07-11-2012, 12:08 PM   #2
Pull Out Towing. Women rescued for free.
 
SumAznGuy's Avatar
 
Join Date: Mar 2002
Location: Hongcouver
Posts: 8,449
Thanked 2,414 Times in 1,283 Posts
If you are not under any contract, then you anything after 8 hours worked is at 1 1/2 time pay and anything over 12 hours is double pay.
So say you worked a 14 hour day plus lunches ontop, first 8 hours worked is regular pay. The next 2 hours is at 1 1/2 pay and the last 2 hours is at double pay.
IIRC, you should be entitled to 2 15 minute coffee breaks for the first 8 hours and one more 15 minute paid coffee break for the additional 4 hours but don't quote me on this.

Of course, this is if things haven't changed in the last 10 years.

Also, this doesn't apply if you are on contract or salary based. Some places count a full work day at 7 hours worked and a work week at 35 hours. I've also heard of places where you can work 4 ten hour days without OT and call that a full work week, but the employees and employer must agree to this before hand.
__________________
Originally posted by Iceman_19 you should have tried to touch his penis. that really throws them off.
Originally posted by The7even SumAznGuy > Billboa
Originally posted by 1990TSI SumAznGuy> Internet > tinytrix
Quote:
Originally Posted by tofu1413 View Post
and icing on the cake, lady driving a newer chrysler 200 infront of me... jumped out of her car, dropped her pants, did an immediate squat and did probably the longest public relief ever...... steam and all.

(11-0-0) Buy/Sell rating
Christine
Shitvic
Pull Out Towing

Last edited by SumAznGuy; 07-11-2012 at 05:30 PM.
SumAznGuy is offline   Reply With Quote
Old 07-11-2012, 12:14 PM   #3
RS has made me the bitter person i am today!
 
terkan's Avatar
 
Join Date: Aug 2005
Location: Canada
Posts: 4,564
Thanked 19 Times in 14 Posts
Quote:
Originally Posted by SumAznGuy View Post
If you are not under any contract, then you anything after 8 hours worked is at 1 1/2 time pay and anything over 10 hours is double pay.
So say you worked a 12 hour day plus lunches ontop, first 8 hours worked is regular pay. The next 2 hours is at 1 1/2 pay and the last 2 hours is at double pay.
IIRC, you should be entitled to 2 15 minute coffee breaks for the first 8 hours and one more 15 minute paid coffee break for the additional 2 hours but don't quote me on this.

Of course, this is if things haven't changed in the last 10 years.

Also, this doesn't apply if you are on contract or salary based. Some places count a full work day at 7 hours worked and a work week at 35 hours. I've also heard of places where you can work 4 ten hour days without OT and call that a full work week, but the employees and employer must agree to this before hand.
it's only over 12 hrs then it's double pay not 10. the 15mins coffee breaks are up to the discretion of your employer it's not mandatory. the only thing mandatory is you have to have a 30mins meal break if you work more than 5 hours. and it's non paid unless otherwise agreed before hand.

most job out there with the exception of some that works 12hrs shifts you get OT if you worked more than 8hrs a day and you also get OT if you work more than 40hrs a week. i'm not sure if it stacks but if you do more than 8hrs a day that week and also more than 40hrs that week the OT will stack or it should?
terkan is offline   Reply With Quote
Old 07-11-2012, 12:45 PM   #4
I contribute to threads in the offtopic forum
 
Bender Unit's Avatar
 
Join Date: Dec 2003
Location: Van
Posts: 2,515
Thanked 942 Times in 326 Posts
Seriously & To All RSers

Call BC Employment Standards Branch
604-660-2421

General inquiries phone line
They are friendly & very helpful.
They can give you a correct answer right a way.
Don't be shiny

http://www.labour.gov.bc.ca/esb/
__________________
My FeedBacks
Bender Unit is offline   Reply With Quote
This post thanked by:
Old 07-11-2012, 05:33 PM   #5
Pull Out Towing. Women rescued for free.
 
SumAznGuy's Avatar
 
Join Date: Mar 2002
Location: Hongcouver
Posts: 8,449
Thanked 2,414 Times in 1,283 Posts
Quote:
Originally Posted by terkan View Post
it's only over 12 hrs then it's double pay not 10. the 15mins coffee breaks are up to the discretion of your employer it's not mandatory. the only thing mandatory is you have to have a 30mins meal break if you work more than 5 hours. and it's non paid unless otherwise agreed before hand.

most job out there with the exception of some that works 12hrs shifts you get OT if you worked more than 8hrs a day and you also get OT if you work more than 40hrs a week. i'm not sure if it stacks but if you do more than 8hrs a day that week and also more than 40hrs that week the OT will stack or it should?
Thanks. It's been a while since I worked a 14+ hour day.
When I worked 10 hour days, they stacked the OT so it was all OT on the 5th and 6th day of work
__________________
Originally posted by Iceman_19 you should have tried to touch his penis. that really throws them off.
Originally posted by The7even SumAznGuy > Billboa
Originally posted by 1990TSI SumAznGuy> Internet > tinytrix
Quote:
Originally Posted by tofu1413 View Post
and icing on the cake, lady driving a newer chrysler 200 infront of me... jumped out of her car, dropped her pants, did an immediate squat and did probably the longest public relief ever...... steam and all.

(11-0-0) Buy/Sell rating
Christine
Shitvic
Pull Out Towing
SumAznGuy is offline   Reply With Quote
Old 07-12-2012, 10:49 AM   #6
RS.net, where our google ads make absolutely no sense!
 
Join Date: Mar 2010
Location: vancouver
Posts: 914
Thanked 317 Times in 173 Posts
Employers are allowed to pay only hours over the weekly 40 or biweekly 80 hours if there is an averaging agreement in place.

Government of B.C., Ministry of Labour, Employment Standards Branch, Averaging Agreements Factsheet
zetazeta is offline   Reply With Quote
This post thanked by:
Old 07-12-2012, 10:52 AM   #7
Diagonally parked in a parallel universe
 
TheNewGirl's Avatar
 
Join Date: Aug 2009
Location: Coquitlam
Posts: 1,476
Thanked 522 Times in 263 Posts
I was going to point out the averaging agreement as well.

BUT you should note if they used to pay it and now they don't, they were required to give you appropriate notice of that change as it constitutes a fundamental change in your compensation which amounts to a layoff.

If they did not your employer is in violation of the code.
__________________
~ Just another noob looking for a clue
TheNewGirl is offline   Reply With Quote
This post thanked by:
Old 07-12-2012, 02:03 PM   #8
I WANT MY 10 YEARS BACK FROM RS.net!
 
Soundy's Avatar
 
Join Date: Jan 2006
Location: Abbotstan
Posts: 20,721
Thanked 12,136 Times in 3,361 Posts
Thanks guys - I saw the mention of the Averaging Agreements but didn't think it was applicable. I see this is exactly what WOULD apply here, if they'd done it.

This is what really pissed me off: they announced this change... and that same day, as I was headed home, I got sent on a last-minute service call that pushed me to 8.5 hours for the day.
__________________
Quote:
Originally Posted by Godzira View Post
Does anyone know how many to a signature?
..
Quote:
Originally Posted by Brianrietta View Post
Not a sebberry post goes by where I don't frown and think to myself "so..?"
Soundy is offline   Reply With Quote
Old 07-15-2012, 12:39 PM   #9
MOD MOD MOD MOD MOD
 
nabs's Avatar
 
Join Date: Dec 2003
Location: vancouver
Posts: 5,848
Thanked 3,511 Times in 1,156 Posts
A lot of companies are different, I know a company I used to work for previously paid me if i worked over 40 hours in the week.

MOST other companies and the one i currently work for pay me o/t if i work over 8 hours in the day.

I believe the daily OT is the correct one.
__________________
Quote:
[03-07, 03:26] Yodamaster - The feeling when you quickly insert without hitting the sides
nabs is offline   Reply With Quote
Old 07-16-2012, 01:09 PM   #10
Willing to sell body for a few minutes on RS
 
westopher's Avatar
 
Join Date: Apr 2011
Location: North vancouver
Posts: 12,030
Thanked 31,020 Times in 7,110 Posts
Clearly you didn't read the first post. Its over 8 hours a day, or anything over 40 hours a week. It is not an employers choice to pick which one suits them better. Both are required unless contracted work or specified otherwise in an employment agreement.
westopher is offline   Reply With Quote
Old 07-16-2012, 10:23 PM   #11
I WANT MY 10 YEARS BACK FROM RS.net!
 
Soundy's Avatar
 
Join Date: Jan 2006
Location: Abbotstan
Posts: 20,721
Thanked 12,136 Times in 3,361 Posts
Well, if you do over 8 hours per day, every day of the week, you're automatically over 40 hours for the week.
__________________
Quote:
Originally Posted by Godzira View Post
Does anyone know how many to a signature?
..
Quote:
Originally Posted by Brianrietta View Post
Not a sebberry post goes by where I don't frown and think to myself "so..?"
Soundy is offline   Reply With Quote
Old 07-16-2012, 11:30 PM   #12
Proud to be called a RS Regular!
 
Join Date: Oct 2009
Location: van
Posts: 125
Thanked 21 Times in 13 Posts
once over 8 hrs on any given day, u get OT pay
heero78 is offline   Reply With Quote
Old 07-17-2012, 05:40 AM   #13
Willing to sell body for a few minutes on RS
 
westopher's Avatar
 
Join Date: Apr 2011
Location: North vancouver
Posts: 12,030
Thanked 31,020 Times in 7,110 Posts
Quote:
Originally Posted by Soundy View Post
Well, if you do over 8 hours per day, every day of the week, you're automatically over 40 hours for the week.
But if you work say, 6 x 7hour days, you would get 2 hours of overtime. They can't tell you that you have only had 7 hour shifts and get out of it. Thats all I'm trying to explain.
westopher is offline   Reply With Quote
Old 07-17-2012, 04:01 PM   #14
My homepage has been set to RS
 
The_Situation's Avatar
 
Join Date: Nov 2007
Location: Vancouver
Posts: 2,205
Thanked 1,605 Times in 536 Posts
My company hasn't paid me a dime for working overtime this past year. When I quit will it be hard to claim the money with the labour board?
__________________
"I grip the bar with no gloves because it gives me the feeling of gripping a nice hard cock"
The_Situation is offline   Reply With Quote
Old 07-18-2012, 01:19 PM   #15
I contribute to threads in the offtopic forum
 
Bender Unit's Avatar
 
Join Date: Dec 2003
Location: Van
Posts: 2,515
Thanked 942 Times in 326 Posts
Quote:
Originally Posted by The_Situation View Post
My company hasn't paid me a dime for working overtime this past year. When I quit will it be hard to claim the money with the labour board?
File your complaint to Employment Standards Branch with Self-Help Kit
*Make sure you keep all your pay stubs as record*

They will forward you complaint to your Former Employer.
Former Employer require to list all your worked hours from begin to end & report back with explanation

It is actually pretty easy process.

Start from here,
Employment Standards Branch, Ministry of Labour, Government of B.C.

__________________
My FeedBacks

Last edited by Bender Unit; 07-18-2012 at 09:11 PM. Reason: Ownage
Bender Unit is offline   Reply With Quote
Old 07-18-2012, 04:07 PM   #16
I Will not Admit my Addiction to RS
 
RHMadness's Avatar
 
Join Date: Oct 2005
Location: Delta, BC
Posts: 510
Thanked 65 Times in 31 Posts
^^ Its an easy process but takes forever.. Also read the ESA in regard to their timelines for filing claims.




Quote:
Originally Posted by The_Situation View Post
My company hasn't paid me a dime for working overtime this past year. When I quit will it be hard to claim the money with the labour board?
--Cant deal with the LRB because your not union (I assume). Like the guy above me said "File with the ESB"

PM me if you guys need help. I work in LR.
RHMadness is offline   Reply With Quote
This post thanked by:
Old 07-18-2012, 07:15 PM   #17
I WANT MY 10 YEARS BACK FROM RS.net!
 
Soundy's Avatar
 
Join Date: Jan 2006
Location: Abbotstan
Posts: 20,721
Thanked 12,136 Times in 3,361 Posts
Quote:
Originally Posted by Bender Unit View Post
*Make sure you keep all your pay studs as record*

__________________
Quote:
Originally Posted by Godzira View Post
Does anyone know how many to a signature?
..
Quote:
Originally Posted by Brianrietta View Post
Not a sebberry post goes by where I don't frown and think to myself "so..?"
Soundy is offline   Reply With Quote
This post thanked by:
Old 07-19-2012, 12:05 AM   #18
!SG
OWNER/C.F.O./MONEYMAN
 
!SG's Avatar
 
Join Date: Mar 2001
Location: Vancouver
Posts: 16,486
Thanked 2,253 Times in 626 Posts
gets even more complicated with shift work,

if your on 40 hr weeks, but do what we call "four ten" shifts, then it doesnt really apply either for anything greater than 8 hrs.

also depends if u are classified as full time or casual.
__________________
"It Takes a Big Man to Admit to His Own Faults... But It Takes a Bigger Man to Blame it on The Other F*cker!"
(Resident Asshole) Executive...

Ebisu VIP #001
Revscene.net Vendors
JP Cellular Repair | Ebisu on Robson | Wings Restaurant Pub & Grill Burnaby | Overseas Auto | BlitzGear Inc | HID Outlet | Sounds Good Auto Service | Racing Greed | The Speed Syndicate | N-Motion Auto | Performance One |

If you are interested in advertising on Revscene.net, email me at Advertisement@revscene.net for further details.
!SG is offline   Reply With Quote
Old 07-19-2012, 11:31 PM   #19
RS has made me the bitter person i am today!
 
terkan's Avatar
 
Join Date: Aug 2005
Location: Canada
Posts: 4,564
Thanked 19 Times in 14 Posts
just like nurses works 3x 12hrs shift per week and that's considered full time for them and they don't get any OT out of it. it depends on your job really. but majority of the job out there tha's hourly 7.5-8hrs you'll get OT after 8hr and OT again after 40hrs
terkan is offline   Reply With Quote
Old 07-20-2012, 07:10 AM   #20
I WANT MY 10 YEARS BACK FROM RS.net!
 
Soundy's Avatar
 
Join Date: Jan 2006
Location: Abbotstan
Posts: 20,721
Thanked 12,136 Times in 3,361 Posts
Quote:
Originally Posted by terkan View Post
just like nurses works 3x 12hrs shift per week and that's considered full time for them and they don't get any OT out of it. it depends on your job really.
Ah, that's the key though: 4x10hr shifts or 3x12hr shifts is something that would be spelled out in the contract or something both parties would have agreed to in the first place - this would be your "averaging agreement".
__________________
Quote:
Originally Posted by Godzira View Post
Does anyone know how many to a signature?
..
Quote:
Originally Posted by Brianrietta View Post
Not a sebberry post goes by where I don't frown and think to myself "so..?"
Soundy is offline   Reply With Quote
Old 07-20-2012, 09:29 AM   #21
I contribute to threads in the offtopic forum
 
ScizzMoney's Avatar
 
Join Date: Jun 2002
Location: 604
Posts: 2,538
Thanked 1,137 Times in 259 Posts
I remember something with an old company I used to work for. It was overtime after 8 hours per day, or after 40 hours in a week. Whichever would give more overtime to the employee, it was nice.

So on an 84-98 hour work week, we would get 44-58 hours of overtime.
Rather than 28-42 hours of overtime if we did it on a daily basis.
__________________
Scizz's a living legend and I tell you why, everybody wanna be Scizz an Scizz still alive
ScizzMoney is offline   Reply With Quote
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off



All times are GMT -8. The time now is 11:09 PM.


Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
SEO by vBSEO ©2011, Crawlability, Inc.
Revscene.net cannot be held accountable for the actions of its members nor does the opinions of the members represent that of Revscene.net