Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 4 - MINIMUM WAGES

ESR Section 18 – Minimum wage – farm workers


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains how minimum wage for certain types of farm workers must be calculated and the wage calculation information employers must post for these employees.


Text of Legislation

Minimum wage — farm workers

18. (1) The minimum wage, including 4% of gross earnings vacation pay, for farm workers who are employed on a piece work basis and hand harvest the following berry, fruit or vegetable crops, is, for the gross volume or weight picked, as follows:

(a) apples $18.89 a bin (27.1 cu. ft.);

(b) apricots $21.73 a 1/2 bin (13.7 cu. ft.);

(c) beans $0.259 a pound;

(d) blueberries $0.438 a pound;

(e) Brussels sprouts $0.180 a pound;

(f) cherries $0.248 a pound;

(g) grapes $20.07 a 1/2 bin (13.7 cu. ft.);

(h) mushrooms $0.260 a pound;

(i) peaches $20.07 a 1/2 bin (12.6 cu. ft.);

(j) pears $21.27 a bin (27.1 cu. ft.);

(k) peas $0.323 a pound;

(l) prune plums $21.27 a 1/2 bin (13.7 cu. ft.);

(m) raspberries $0.395 a pound;

(n) strawberries $0.380 a pound.

(1.1) The minimum wage for farm workers who are employed on a piece work basis and hand harvest the following crop is, for gross number picked, as follows:

(a) daffodils $0.152 a bunch (10 stems).

(2) Each employer of farm workers must display, in a location where they can be read by all employees, notices stating the following:

(a) the volume of each picking container being used;

(b) the volume or weight of fruit, vegetables or berries required to fill each picking container;

(c) the resulting piece rate.

(3) Farm workers described in subsection (1), and their employers, are exempted from section 58 of the Act on condition that the farm workers receive not less than the minimum wage described in subsection (1).

(4) A farm labour contractor must keep records of the following information:

(a) the name of each worker;

(b) the work site location and dates worked by each worker;

(c) the fruit, vegetable, berry or flower crop picked in each day by each worker;

(d) the volume or weight picked in each day by each worker.

(5) The records required by subsection (4) must

(a) be in English,

(b) be kept at the employer's principal place of business in British Columbia, and

(c) be retained by the employer for 2 years after the employment terminates


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 the piece rates which apply specifically to farm workers who are hand harvesting the berry, fruit or vegetable crops listed in subsection (1) and daffodils listed in subsection 1.1.

Subsection (1)

Farm workers, who are paid on a piece work basis and who hand harvest berry, fruit or vegetable crops as listed below, are entitled to receive no less than the corresponding minimum wage rates as set out in the Regulation. These rates include vacation pay based on 4% of gross earnings.

CROP September 15, 2016 September 15, 2017
(a) apples $18.06 a bin (27.1 cu. ft.) $18.89 a bin (27.1 cu. ft.)
(b) apricots $20.77 a 1/2 bin (13.7 cu. ft.) $21.73 a 1/2 bin (13.7 cu. ft.)
(c) beans $0.248 a pound $0.259 a pound
(d) blueberries $0.419 a pound $0.438 a pound
(e) Brussels sprouts $0.172 a pound $0.180 a pound
(f) cherries $0.237 a pound $0.248 a pound
(g) grapes $19.19 a 1/2 bin (13.7 cu. ft.) $20.07 a 1/2 bin (13.7 cu. ft.)
(h) mushrooms $0.249 a pound $0.260 a pound
(i) peaches $19.19 a 1/2 bin (12.6 cu. ft.) $20.07 a 1/2 bin (12.6 cu. ft.)
(j) pears $20.33 a bin (27.1 cu. ft.) $21.27 a bin (27.1 cu. ft.)
(k) peas $0.309 a pound $0.323 a pound
(l) prune plums $20.33 a 1/2 bin (13.7 cu. ft.) $21.27 a 1/2 bin (13.7 cu. ft.)
(m) raspberries $0.378 a pound $0.395 a pound
(n) strawberries $0.363 a pound $0.380 a pound

Subsection (1.1)

Farm workers who are paid on a piece work basis to hand harvest daffodils are entitled to receive no less than the amount set out in the Regulation.

September 15, 2016  $0.145 a bunch (10 stems)
September 15, 2017  $0.152 a bunch (10 stems)

This rate does not include vacation pay. Vacation pay of 4%, or 6% if the employee has been employed for more than five years, is payable on the daffodil piece rate.

Subsection (2)

Every employer of farm workers paid by a piece work rate must display notices providing the following information in a location that can be read by all employees:

  • the volume of each picking container being used;
  • the volume or weight of the fruit, vegetables or berries required to fill each picking container; and
  • the resulting piece rate.

Subsection (3)

Any farm worker described in subsection (1) is excluded from receiving vacation pay under s.58 of the Employment Standards Act, on the condition that the farm worker receives not less than the minimum wage rate established in subsection (1).

Note: In subsections (1) above, the piece rate includes vacation pay based on 4% of gross earnings.

Farm workers who are not employed on a piece work basis and who do not hand harvest any of the berry, fruit or vegetable crops described in subsection (1) are entitled to the minimum hourly wage established in s.15 of this Regulation and s.58 of the Act.

Subsection (4)

Each farm labour contractor must keep the following records for each worker:

  • name of each worker;
  • work site location and dates worked by each worker;
  • the fruit, vegetable, berry or flower crop picked by each worked on each day; and
  • the volume or weight picked by each worker on each day.

Subsection (5)

The above information, as required under subsection (4), must be in English and must be kept at the employer’s principal place of business in British Columbia.

The records must be in English and must be kept by the employer for 2 years after an employee’s employment ends.

In addition to the record keeping requirements under this section of the Regulation, a farm labour contractor also has a duty to keep records and display information prominently at the site where work is to be performed, and on all vehicles used for transporting employees, in accordance with sections 6 and 6.1 of this Regulation.

In accordance with s.47 of this Regulation, if a farm labour contractor does not comply with the requirements to display the required notices as stated in subsection 18(2), this may result in a complaint under s.74 of the Act. Where there is found to be a contravention of a section of the Act or Regulation, this may result in a determination being issued under s.79 of the Act. Where a determination is issued under s.79, an escalating monetary penalty will apply in accordance with s. 98 of the Act, in amounts calculated under s. 29 of this Regulation.


Related Information

Related sections of the Act or Regulation

ESA

ESR

Other:

See Employment Standards Factsheets

Factsheets

Farm Workers

Farm Labour Contractors