Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 4 - MINIMUM WAGES

ESR Section 16 – Minimum daily wage – live-in home support worker/live-in camp leader


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section sets out the minimum daily wage, including part-days, for live-in home support workers and live-in camp leaders. 


Text of Legislation

16. (1) The minimum daily wage for a live-in home support worker is $108.50 for each day or part day worked.

(2) The minimum daily wage for a live-in camp leader is $86.80 for each day or part day worked.


Policy Interpretation

Section 16 of the Employment Standards Act requires that employees must be paid at least the minimum wage as set out in the regulations. This section of the Regulation sets out a daily minimum wage which applies specifically to live-in home support workers and live-in camp leaders.

Subsection (1)

As of September 15, 2016, if a “live-in home support worker” works on any day, or part of a day, the employer must pay the minimum daily wage of $108.50 for that day. This is an increase from the rate of $104.50 that was in effect from May 15, 2015 until September 14, 2016.

Example

A live in home support worker is called in for a staff meeting on a day that would otherwise be a day off work. This employee is entitled to the minimum daily rate of $108.50. A work related meeting is considered “work” for purposes of the Act.

Subsection (2)

As of September 15, 2016, if a “live-in camp leader” works for any length of time during a day, the employer must pay the minimum wage of $86.80 for that day. This is an increase from the rate of $83.60 that was in effect from May 15, 2015 until September 14, 2016.

Employees working as a “live-in home support worker” or a “live-in camp leader" are excluded from the hours of work and overtime provisions of the Act under subsections 34(q) and 34(y) of this Regulation.


Related Information

Related sections of the Act or Regulation

ESA

ESR