Full Compensation for All Hours Worked

Are you not fully compensated for all hours worked? You could be entitled to additional compensation if you are performing specific tasks before or after clocking in to work. If you are an employer, take note of the latest developments below, and consider the sector(s) in which your employees are employed – whether your industry is federally or provincially regulated.

The flight attendants’ fight for compensation during the boarding process

Flight attendants in Canada are federally regulated. They have brought to light a critical wage issue that resonates with many hourly workers. They often perform essential duties during the boarding and deplaning process, before take-off and after landing—tasks like safety checks and assisting passengers— without pay. Flight attendants are usually unionized. Their terms of employment are governed by their collective agreement and their compensation is negotiated by their collective bargaining agent, their union.

A proposed bill seeks to amend this by ensuring they receive compensation for all pre-flight and post-flight work. For flight attendants, this bill could mean getting fully compensated for all hours worked, including any mandatory change. It’s a change that could improve the working conditions for many in the airline industry, not only in Canada but internationally.

When does the clock really start?

Many other non-unionized jobs involve tasks that employees must complete before or after a shift as part of their job duties. Here are some examples where pre-and post-shift work may be compensable:

• Retail workers: Setting up displays or closing the cash register.
• Healthcare professionals: Preparing examination rooms or completing patient reports.
• Restaurant staff: Prepping ingredients or cleaning up after closing. Note that for restaurant staff and liquor servers, there may be extra considerations including any tips or gratuities.

As of June 1, 2024, the minimum wage in BC is $17.40.

If your pay check does not reflect this time, or if your employer requests that you complete work before clocking in or after clocking out, you may have unpaid wages to claim for, and should do so before the limitation period (e.g. deadline to file a claim) expires.

If your employer is provincially regulated, unpaid wages can be recovered within 6 months through filing a free and online Employment Standards Branch complaint. If your employer is federally regulated (for example, you work for a telecommunications or interprovincial transportation company, or a financial institution, etc.), then a complaint for unpaid wages should be filed to the Federal Labour Program. Our firm has extensive experience assisting with these types of complaints, both at the provincial and federal levels. We regularly help employee clients recover unpaid wages, and also assist employers with defending these types of complaints.