Each province maintains labour standards that dictate the rules employers are to follow for payment of their employees. Nova Scotia is no exception. Here are some guidelines to help you meet Nova Scotia labour standards.
What is a work week and how many days can an employee be required to work?
A work week is seven consecutive days as designated by the employer. If the employer does not designate a week, then it is seven consecutive days starting at midnight on Sunday. Employees must receive twenty-four consecutive hours off work in each week; if possible the day off should be Sunda
How many breaks is an employee entitled to each day and are they paid?
After five consecutive hours of work an employee is entitled to a half hour break. This break is not paid, unless the employer maintains the right of direction or control during this period, in which case it is paid.
- For example: If a sales associate is working alone in a store and they are not permitted to leave or to close to take a break the employer is retaining the right of direction during the break period; therefore, the employee would get paid for their break.
When do I have to pay overtime and how is it calculated?
Overtime must be paid on any hours worked over forty eight hours per week. The overtime rate is 1.5 times the employee's regular wage. If an employee makes $15.00 per hour, then any hours worked over 48 in a week would be paid at $22.50 per hour.
Can an employee bank overtime?
Yes. Instead of overtime pay an employee may receive 1.5 hours of paid time off work for each hour of overtime worked when an employee and employer agree to do so. This is subject to the condition that:
- The time off must be taken within six months of the time the overtime was worked, unless the employee and employer agree to extend the time.
Are there a minimum number of hours of work for which I must pay an employee?
Generally no. An employer is not required to pay an employee for hours they do not work.
Exception: if an employee is called in to work, outside of their regular scheduled hours, they must be paid for a minimum of three hours.
Do I have to pay employees for undertaking duties that cannot be completed during their normal work day
If an employer requests that an employee be present at the workplace, then the employee should be paid. For example:
- Mandatory attendance at a meeting held before the work day begins or after it ends
- Staying past the scheduled end of the shift to close business for the day (cleaning, cashing out, etc.)
- Attendance at training requested by the employer.
For further information please visit the Nova Scotia Labour Standards page.
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