The Legal Buzz

Author: Charlene Clearly

Do you have salaried employees or employees who work the same number of hours each day? Employers are often surprised to hear that they have an obligation to keep a daily record of hours, even for people whose hours don’t fluctuate.

Photo by Clem Onojeghuo on Unsplash

This usually comes up when a departing employee makes a claim for unpaid overtime with the Employment Standards Branch of BC. If the employee has proof of additional hours, in the absence of recorded hours, it will be hard for the employer to convince a tribunal member that the employee did not work the additional hours. Tribunal members will point to the section of the legislation that requires employers to keep a record of the daily hours worked by each employee. Finally, it is not sufficient to simply say that the employee was salaried and therefore working 40 hours a week.

Last but not least, remember that some salaried employees are entitled to overtime. Stay tuned for October’s newsletter where I will address this issue.

TIP: Have each employee record their daily hours and make sure you, or someone you trust, is reviewing the hours on a regular and consistent basis. Keep these records in a safe place.

Charlene Cleary is the principal and founding lawyer of Westshore Law. Serving clients on Vancouver Island and the mainland, she enjoys helping other business owners work through existing issues and also to help prevent future problems.

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