What To Do About Soaring Inflation? – BC Increases Minimum Wage
By: Michelle QuinnCo-authored by Summer Student, Kyusik Shin
It has been impossible to ignore the effects of rising inflation on your wallet. Everything you pay for including groceries, gas and the utility bill has became more expensive monthly, if not daily. What used to be a living wage may not be a living wage in 2023.
Effective June 1, 2023, the BC Government has increased the province’s minimum wage from $15.65 up to $16.75 per hour. This increase will make the minimum wage in British Columbia the second highest in Canada, only trailing Yukon by two cents.
Last year, in response to soaring consumer prices, the BC government made a commitment to match the minimum wage increase to the average annual inflation rate. The sharp increase of $1.10 per hour reflects this commitment. Below is an overview of the increases over the years:
- June 1, 2020 – $14.60 per hour (5.4% Increase from the previous year)
- June 1, 2021 – $15.20 per hour (4.1% Increase from the previous year)
- June 1, 2022 – $15.65 per hour (3% Increase from the previous year)
- June 1, 2023 – $16.75 per hour (6.9% Increase from the previous year)
B.C.’s annual inflation rate has been decreasing and is at 6.2% as of January 2023, down from 6.6% in December 2022 and the peak of which was 8.1% in May 2022. Therefore, we will unlikely see another sharp minimum wage increase next year.
The minimum wage applies regardless of how employees are paid, whether it is hourly, salary, commission or on an incentive basis. If an employee’s wage is below minimum wage for the hours they worked, the employer must top up their payment so that it’s equal to minimum wage. For example:
- If an employer has a salaried employee, the employer must ensure that the employee’s salary is at least equivalent to the minimum wage for the number of hours they work.
- If an employer has an employee on commission, the employer must ensure that the employee’s commission is at least equivalent to the minimum wage for the number of hours they work, regardless of whether the employee is paid 100% on commission or part commission and part hourly wages.
It is important to note that the Employment Standards Act (“ESA”) does not allow the minimum wage to be waived as part of an employment agreement. Any agreement on employment conditions that do not meet the minimum standards of the ESA, will be deemed to be of no effect.
It is the employer’s responsibility to ensure compliance with the new minimum wage. Failure to comply with the ESA and the regulations may result in financial penalties against the employer.
If you would like more information or advice about the new minimum wage and the application of the ESA to your workplace, please contact any member of our Employment and Human Rights Group.
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Our Employment & Human Rights Lawyers have been fielding many questions from clients regarding the recent announcement by the provincial government that starting in January, employers will be required to provide 5 paid sick days to BC employees.
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Parmar v. Tribe Management Inc., 2022 BCSC 1675 is the first civil court decision to tackle whether an unpaid leave of absence for noncompliance with an employer’s mandatory vaccination policy can be considered constructive dismissal. The issue before the Court was whether Tribe Management Inc.’s decision to place Ms. Parmar on an unpaid leave of absence was reasonable following the implementation of a mandatory vaccination policy given the circumstances of the COVID-19 pandemic at the time. Ms. Parmar refused to be vaccinated due to choice. She did not apply to her employer to be exempt from the mandatory vaccination policy based on medical or religious reasons. The BC Supreme Court found that it was not a constructive dismissal. Instead, it found that Ms. Parmar had repudiated the employment contract. As a result, the claim was dismissed, and Ms. Parmar was not entitled to any damages.
