Here's the deal im owed quite a bit of overtime and not paid anything extra on xmas and holidays. Cheques where constantly late and i just need some suggestions on how to handle a employer. I found another gig already but wondering what's the process? I have proof with my cheques stubs of hours worked,logs,and schedules on file of days worked. How long does it take for them to get my $ from these assholes? Are there any penalties for employers who dick around employees with late cheques and not paying OT etc?
Has anybody ever taken their employer to labour relations for paid owed?
- Thread starter LittleAsianGuy
- Start date
The LRB may not even intervene... Unless you weren't paid for base hours...
The employer may actually say that you are not entitled to overtime and depending on what you do he may be right...
You can file the grievance with the LRB.. If they decide to accept your issue. they will contact the employer and then get back to you with the response... it could be a lot of back and forth... and it could take months... to get to a point in time where;
A) you have a case but the LRB will not pursue it
B) you have a case and the LRB is pursuing it
c) you don't have a case...
You can always use the civil court system and the LRB may well tell you to go that route...
best of luck...
Im paid hourly and i work 64 hours a week. With 24 hours a week of overtime and my employer for a few months now refused to pay it. Im thinking i surely have a case in this situation
Thanks for your suggestions but im looking for people who can share their experiences about going to labour relations. I do appreciate yours and ITB comments though.
If you have documented hours worked, and stubs showing not being paid for it, you should talk to your local LRB representative.
Guys from my company filed a complaint against my company, the company got audited, we all got large cheques for improper payroll calculations.
Guys from my company filed a complaint against my company, the company got audited, we all got large cheques for improper payroll calculations.
Have you been paid overtime in the past? This sets a precedent. Also - find a way for your employer to acknowledge that they are aware of your putting in the extra hours. I think that is better than simply asking why no more pay? (since you already have another gig).
You have documentation of the extra hours worked - that is a first step but you need more support. Not sure if one would see it as entrapment but I suppose you can send an innocent email asking "if it is okay for you to continue to put in the extra time like you have done recently." Lump that with other questions like are they okay with your work and if there are any areas where you need to improve?
In a separate email - then raise the issue about pay. Is the business doing well and is that why you are not getting paid OT? Remember - you should already know that your effort is fine assuming you asked them earlier.
Another approach was to find a way for them to acknowledge that you are okay with "banking" the hours and that they can pay you when the business is better.
I know this is not the most direct approach but my thought process was simply to gather facts and statements from them. It is easier to present things in black and white.
Good Luck . . .http://www.labour.gov.bc.ca/esb/facshts/hours_of_work_and_overtime.htm
You have documentation of the extra hours worked - that is a first step but you need more support. Not sure if one would see it as entrapment but I suppose you can send an innocent email asking "if it is okay for you to continue to put in the extra time like you have done recently." Lump that with other questions like are they okay with your work and if there are any areas where you need to improve?
In a separate email - then raise the issue about pay. Is the business doing well and is that why you are not getting paid OT? Remember - you should already know that your effort is fine assuming you asked them earlier.
Another approach was to find a way for them to acknowledge that you are okay with "banking" the hours and that they can pay you when the business is better.
I know this is not the most direct approach but my thought process was simply to gather facts and statements from them. It is easier to present things in black and white.
Good Luck . . .http://www.labour.gov.bc.ca/esb/facshts/hours_of_work_and_overtime.htm
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copied and pasted from the Employment Standards Act:
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.
(4) [Repealed 2002-42-19.]
http://www.bclaws.ca/Recon/document/freeside/--%20E%20--/Employment%20Standards%20Act%20%20RSBC%201996%20%20c.%20113/00_96113_01.xml
Sounds like you are documenting you own information which is usefull. But getting the appropriate authorities to act on it may require more. Most likely this company has done this in the past or is currently doing it to other employees.
In order to get the LRB or whoever to take this very seriously, you should also talk to past employees if you can get in contact with them or get some information from current employees. Don't just document your own case, gather more information to show that this employeer has a history of unfair labour practices. This will help your case. And yes, I have been screwed out of around $2000 in the past.
In order to get the LRB or whoever to take this very seriously, you should also talk to past employees if you can get in contact with them or get some information from current employees. Don't just document your own case, gather more information to show that this employeer has a history of unfair labour practices. This will help your case. And yes, I have been screwed out of around $2000 in the past.
OT must be paid even if not approved
In BC you must be paid for all time work even if it was not approved, unless you are in a management job. If the OT was not approved it is a discipline issue not a pay issue.
The LRB is for union issues, if you are non-union you have to see the Employment Standards office. They will get to it but it can take a while and if you are paid well over minimum wage it can take a lot longer.
In BC you must be paid for all time work even if it was not approved, unless you are in a management job. If the OT was not approved it is a discipline issue not a pay issue.
The LRB is for union issues, if you are non-union you have to see the Employment Standards office. They will get to it but it can take a while and if you are paid well over minimum wage it can take a lot longer.
Pretty much the only time anyone not getting paid OT is when they are on salary....i know a few people (my mom incl)who get salary, and work OT every week...nada....
