Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS REGULATION - PART 4 - MINIMUM WAGES
ESR Section 18.1 – Minimum wage - liquor servers
This section explains the application of the minimum wage rate for liquor servers.
Minimum wage — liquor server
18.1 (1) In this section, “liquor server” means an employee
(a) whose primary duties are as a server of food or drink or both, and
(b) who, as a regular part of his or her employment, serves liquor directly to customers, guests, members or patrons in premises for which a licence to sell liquor has been issued under the Liquor Control and Licensing Act.
(2) The minimum wage for a liquor server is $9.60 an hour.
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 minimum wage that applies to employees who serve liquor during the course of their employment.
There are two parts to the definition of “liquor server” in this section. An employee must fulfill both parts in order to be considered a liquor server. First, the employee’s primary employment duties must include serving food and beverages directly to customers, guests, members or patrons. Second, servers must work in premises for which a licence has been issued under the Liquor Control and Licensing Act, and serve liquor as a regular part of their duties.
The liquor server minimum wage does not apply to all servers, or to all employees who work in licensed premises. The following employees who do not meet both parts of the definition of “liquor server” are covered by the regular minimum wage:
- Servers who work in unlicensed premises;
- Servers who work in licensed premises but who do not serve liquor as a regular part of their employment duties;
- Other employees of licensed premises whose regular employment duties do not include serving customers (hosts/hostesses, bussers, dishwashers or other kitchen staff).
As of September 15, 2016, the minimum wage for a liquor server is $9.60 an hour. For further information on the regular minimum wage which applies to employees who are not covered by the liquor server minimum wage, see Regulation s. 15 – Minimum hourly wage.
This is an increase from the rate of $9.20 that was in effect from May 15, 2015 until September 14, 2016.
Related sections of the Act or Regulation
- s.15, Minimum hourly wage
- s.16, Minimum daily wage
- s.17, Minimum wage – resident caretakers
- s.18, Minimum Wage – farm workers