Employment Standards

[InTheBum]

I am thinking to taking my current employer to Employment Standards once I leave in the near future (after I quit and have something else lined up). Just wondering if anyone on this board has gone to ES or is a lawyer and can recommend my course of action? I figure my current employer owes me approximately 15 to 17k, in non-paid overtime.

Would rather ppl pm me...but feel free to post below.


FYI - Signed a waiver that I agreed to straight time and no overtime pay, but my friend says that doesn't hold up. Also, they make my pay stub look like they pay overtime, but in fact they don't (but this is easy to prove if you break down the numbers...since my hours vary, yet my rate of pay always works out to the same rate per hr.)

 

[LittleAsianGuy]

With 15k you can pump lots of korean hotties

I figure my current employer owes me approximately 15 to 17k, in non-paid overtime.

 

[Pimmel]

Go talk to a lawyer that specializes in employment standards. you should do your own research regarding the employment standards act. if your company is in the technology industry, sometimes they can be classified differently and it will take more than 75 hours per week to get OT. generally, your friend is correct. in the meantime, before you leave, give CRA a call with specifica issues regarding payroll hours and payment, give them an anonymous tip to have them audited, this may not result in anything though. also, make sure you are keeping your own records.

 

[hedgeman]

look at section 37 here http://www.bclaws.ca/Recon/document/freeside/--%20E%20--/Employment%20Standards%20Act%20%20RSBC%201996%20%20c.%20113/00_96113_01.xml#section42 I think you're pretty much screwed if you signed a waiver saying no o.t pay

 

[InTheBum]

look at section 37 here http://www.bclaws.ca/Recon/document/freeside/--%20E%20--/Employment%20Standards%20Act%20%20RSBC%201996%20%20c.%20113/00_96113_01.xml#section42 I think you're pretty much screwed if you signed a waiver saying no o.t pay

I disagree, since no detailed agreement was outlined...and no estimated number of hours worked was detailed.

The waiver was very basic...a few lines stating my name, date, and that I agree to no overtime. In addition, no copy was provided to me and I've worked around 100 shifts in the 12+ hr category which is double time, no matter what...from what I can tell from ES.

Also, they changed my pay stub, to show overtime paid out, which isn't the case and to do this, they lowered my regular pay rate. This contradicts the waiver and confirms that they don't believe in following labour laws in my opinion...

 

[seattlemike]

I am thinking to taking my current employer to Employment Standards once I leave in the near future (after I quit and have something else lined up). Just wondering if anyone on this board has gone to ES or is a lawyer and can recommend my course of action? I figure my current employer owes me approximately 15 to 17k, in non-paid overtime.

Would rather ppl pm me...but feel free to post below.


FYI - Signed a waiver that I agreed to straight time and no overtime pay, but my friend says that doesn't hold up. Also, they make my pay stub look like they pay overtime, but in fact they don't (but this is easy to prove if you break down the numbers...since my hours vary, yet my rate of pay always works out to the same rate per hr.)

Why would you sign a waiver that you agree to no overtime pay and then demand overtime, with a lawyer and Employment Standards no less? Were you under duress when you signed that you won't collect overtime? Or were you a minor?

I think you should be responsible for your actions. You got tons of hours working at the regular wage. You agreed to it. What part of the agreement were you not party to?

We hold SP's to their advertised word, so why won't you keep your word (or contract)?

 

[moi]

Why would you sign a waiver that you agree to no overtime pay and then demand overtime, with a lawyer and Employment Standards no less? Were you under duress when you signed that you won't collect overtime? Or were you a minor?

I think you should be responsible for your actions. You got tons of hours working at the regular wage. You agreed to it. What part of the agreement were you not party to?

We hold SP's to their advertised word, so why won't you keep your word (or contract)?

I agree with this. While it is unfair you didn't get paid overtime, why did you work the extra hours knowing you wouldn't get paid OT? I worked for a company in Asia, and NEVER got paid OT. I would work until past midnight sometimes and on weekends my boss would ask me to write up sales orders etc. I quit the job eventually but never felt she owed me because i knew beforehand OT would NOT be paid.

You should have foreseen the job description and how many hours you would need to put into it before taking the position, and if you did indeed sign a waiver KNOWING you MAY have to work OT, that's your fault and you should suck it up or quit and consider it experience gained. The employer could ALSO argue that the normal working hours should have been an adequate amount of time for you to finish the job they gave you.

 

[InTheBum]

Why would you sign a waiver that you agree to no overtime pay and then demand overtime, with a lawyer and Employment Standards no less? Were you under duress when you signed that you won't collect overtime? Or were you a minor?

I think you should be responsible for your actions. You got tons of hours working at the regular wage. You agreed to it. What part of the agreement were you not party to?

We hold SP's to their advertised word, so why won't you keep your word (or contract)?

Actually, the whole industry I am in is pretty scummy and they do the same shit to tons of ppl...if you don't agree to this no OT stuff, you don't work. I need money just as much as the next guy...

 

[lil_dave]

InTheBum, I kinda know what you're talking about since I'm in a similar situation.

In my last job, I had signed a contract that had also stated I would not be paid for OT. It was a weekly salary of $900.
In my case my contract actually outlined the amount of hours that I was expected to work, a regular 40 hour a week, 9 to 5. So when I signed my contract I had no idea that I'd be pulling 20 hours a day, 7 days a week, for 5 months. Some of those days I would actually spend the night at the office. Not only did I not get overtime pay, I didn't get paid at all for 100 hours each week.

To Seattlemike and Moi: I am a little offended, it's unfair for you to say that something like this is our fault. Sometimes people begin a job without being able to know how insane a task can be. And in my case I was assured that it would be around 8 hours a day. If you ask me why I worked those hours knowing I wouldn't be paid? Like ITB said, you either work the OT or you don't work at all. I was promised a placement in the next contract with that employer so in order to keep up good relations I sucked it up so that I would have a job lined up in the future. Unfortunately they DIDN'T hire me again because I voiced my opinion about the workload just once. Bullshit.
ITB would have racked up 15k of overtime pay. I would have around 50k in my pockets right now I was paid my regular wage for every hour worked. 15k and 50k are huge amounts of money especially considering the crisis now. I toiled, sweated, cried and literally bled for that company. And I will not have someone tell me that it's my fault, to suck it up and chalk it as experience.

If I can fight it, I will.

 

[pokemon]

ITB your agreement to waive your right to claim OT is only binding if that agreement falls under the definition of a "collective agreement" under the Employment Standards Act. If it is not a collective agreement then the minimum OT requirements in the Act apply. I would first check with the Employment Stds Branch to see if your agreement falls under the definition of "collective agreement".

Be wary of what may have occurred in places outside of BC - different jurisdictions, different laws.

 

[InTheBum]

ITB your agreement to waive your right to claim OT is only binding if that agreement falls under the definition of a "collective agreement" under the Employment Standards Act. If it is not a collective agreement then the minimum OT requirements in the Act apply. I would first check with the Employment Stds Branch to see if your agreement falls under the definition of "collective agreement".

Be wary of what may have occurred in places outside of BC - different jurisdictions, different laws.

I talked with an ES advisor this morning over the phone...basically she stated the above, then asked what was the agreement? I said it was just a few lines stating I agree to no overtime pay...she quickly said that doesn't sound like a collective agreement. Collective agreements have to be detailed, outline the number of hours worked per week, conditions, etc...not a blanket statement. Also, I have up to 6 months to file, after I leave, so no rush needed on my account...

 

[calvinxxx]

So you agreed to regular pay. most of us get nothing for extra hours. and now u want to sue. but u took the pay for years and not a query? sorry waht a fuck up

 

[InTheBum]

So you agreed to regular pay. most of us get nothing for extra hours. and now u want to sue. but u took the pay for years and not a query? sorry waht a fuck up

Only a fool works for free...ie. salary and tons of "free" overtime! Absolute horseshit!

I am just following the law...if they are breaking the law, and I benefit, why wouldn't I take them to ES?

 

[lil_dave]

I hope you get what you're owed. Let us know the results when you're done, will ya?