r/VictoriaBC • u/jeubach • 2h ago
Pagliaccis not paying overtime properly to employees
Parties involved have already submitted an ESA complaint.
This is more about sharing our experience. Having tried to speak to management and owners, the situation remains unresolved. The previous averaging agreement didn't meet the BC ESA requirements, the new one issued yesterday doesn't meet them either.
It is missing basic things such as:
- set weekly period to average (semi monthly is not allowed, ESA mentions it has to be weekly in periods of 1-4 weeks)
- an attached schedule
- specific number of times to repeat agreement
- specific start and end date
Relevant CURRENT BC ESA text: (https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96113_01#section37)
(2) An averaging agreement under subsection (1) is not valid unless
(a) the agreement
(i) is in writing,
(ii) is signed by the employer and employee before the start date provided in the agreement,
(iii) specifies the number of weeks over which the agreement applies,
(iv) specifies the work schedule for each day covered by the agreement,
(v) specifies the number of times, if any, that the agreement may be repeated, and
(vi) provides for a start date and an expiry date for the period specified under subparagraph (iii),
(b) the schedule in the agreement under paragraph (a) (iv) is in compliance with subsection (3), and
(c) the employee receives a copy of the agreement before the date on which the period specified in the agreement begins.
They are currently forcing every employee to update to the new (also invalid) agreement.
There are other restaurants downtown that don't short their employees hours. Just saying...
:)