10 Things Your Boss Can’t Legally Do (in BC)
Many employees in British Columbia are unsure about their workplace rights.
- Can your boss take money from your paycheque?
- Can they send you home without paying you?
- Can they fire you while you’re on sick leave?
These questions come up often, and the answers are not always clear.
The Employment Standards Act (ESA) sets the minimum legal protections for workers in B.C. Even if your contract says otherwise, your employer cannot go below these legal standards.
In addition, other laws, like the Human Rights Code and Occupational Health and Safety Regulation, provide additional protections.
Below, we outline 10 things your boss cannot legally do in British Columbia, why each matters, and what you can do if your rights aren’t respected.
1. Deduct Wages Without Your Consent
Your employer cannot deduct money from your wages unless:
- The deduction is required by law (e.g., income tax, EI, CPP); or
- You’ve given written authorization for a deduction that directly benefits you (such as extended health premiums).
Employers cannot take money for:
- Till shortages
- Broken equipment
- Customer walkouts or unpaid bills
- Penalties (e.g., for lateness or quitting without notice)
Example: If you work in a restaurant and a customer leaves without paying, your employer cannot make you cover the cost.
2. Pay Less Than Minimum Wage
All workers in B.C., including part-time, casual, seasonal, and temporary employees, must be paid at least the provincial minimum wage.
- As of June 1, 2025, the minimum wage is $17.55 per hour, indexed annually to inflation.
- Employers must also pay you for mandatory training, pre-shift meetings, or required online modules, even if they occur outside regular hours.
Example: If you’re asked to attend a one-hour safety session before your shift, that time must be paid.
3. Refuse Minimum Daily Pay (The “2-Hour Rule”)
If you show up for work, your employer must pay you a minimum of two hours’ wages, even if there’s no work available.
- If you were scheduled for more than 8 hours, you must be paid for at least 4 hours, unless the shift is cancelled due to circumstances beyond the employer’s control (e.g., a storm, power outage, or natural disaster).
Example: If your boss sends you home 15 minutes into your shift because it’s slow, they must still pay you at least two hours.
4. Deny Overtime Pay
Most employees in B.C. are entitled to overtime pay:
- 1.5× your regular wage after 8 hours/day or 40 hours/week
- 2× your regular wage after 12 hours/day
Your employer cannot avoid overtime by:
- Calling you a “salaried” employee
- Reducing your hours in another week to offset overtime
- Changing your schedule without your agreement
Example: If you work 10 hours on a Monday, you must be paid 2 hours at 1.5×.
Note: Certain roles such as senior managers, some professionals, and specific farm or high-tech positions are exempt from overtime under the ESA. Check the exemptions if you’re unsure.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Employees often feel powerless when dealing with their employers, but B.C. law provides strong protections. The sooner you act, the stronger your position will be.”
5. Keep Your Tips
Tips and gratuities belong to the workers who earn them.
- Employers cannot keep tips, deduct fees, or use them to cover business expenses.
- They can create a tip pool, but managers and owners can only participate if they regularly perform the same tipped work.
Example: A restaurant cannot deduct credit card fees or charge you for broken glassware from your tips.
6. Deny Statutory Holiday Pay
If you qualify, you’re entitled to statutory holiday pay even if you don’t work on the holiday. If you do work, you must receive:
- Your regular day’s pay plus premium pay (1.5×), or
- Premium pay plus a substitute day off with holiday pay
Example: If you work 10 hours on Canada Day, you must be paid statutory holiday pay plus overtime for the additional hours.
Eligibility: You must have been employed for at least 30 calendar days and worked or earned wages on 15 of the previous 30 days before the holiday.
7. Refuse Job-Protected Leaves
The ESA guarantees several job-protected leaves, including:
- Pregnancy and parental leave
- Compassionate care leave
- Family responsibility leave
- Domestic or sexual violence leave
- Illness or injury leave (5 paid + 3 unpaid days per year)
During these leaves:
- Your job is protected
- Benefits must continue if you pay your share
- You must be reinstated to the same or a comparable role after leave
Example: If you take sick leave, your employer cannot fire you, reduce your hours, or cancel your benefits while you’re away.
💡 Privacy tip: Employers may ask for proof (e.g., a medical certificate), but cannot demand unnecessary personal details or diagnoses.
8. Deny Meal Breaks
If you work more than five consecutive hours, you are entitled to a 30-minute unpaid meal break.
- You cannot be required to work through your break unless you voluntarily agree.
- If you must remain available (e.g., answer phones or cover the front desk), the break must be paid.
Example: If you are on call during lunch, that time counts as paid work.
9. Retaliate If You Enforce Your Rights
It’s illegal for employers to retaliate against you for asserting your rights under the ESA. This is called a reprisal.
- Your boss cannot fire, demote, discipline, or cut your hours because you filed a complaint, asked about overtime, or raised a workplace concern.
- Employees have up to 6 months to file a reprisal complaint with the Employment Standards Branch.
Example: If you complain about unpaid overtime and your hours are cut the next week, that may be unlawful retaliation.
10. Fire You Without Notice or Just Cause
In B.C., your employer must provide written notice or termination pay instead of notice when ending your employment unless you’ve worked fewer than three months.
- ESA minimum notice: 1 to 8 weeks, depending on length of service.
- Common law notice (court-awarded) is often much higher, sometimes months or even a year or more.
Just cause (termination without notice or pay) is a very high legal standard. It applies only when misconduct is serious enough to irreparably damage the employment relationship.
Even during probation, termination must be made in good faith and for legitimate reasons.
Example: Being “not a good fit” is not just a cause unless the employer can prove they provided a fair opportunity and the employee failed to meet reasonable expectations.
What You Can Do if Your Rights Are Violated
If you believe your employer is breaking the law:
- Keep records: track hours worked, pay received, and any communication.
- Review your rights: consult the Employment Standards Act or talk to a lawyer.
- Speak to your employer: some issues can be resolved informally.
- File a complaint: contact the Employment Standards Branch if the issue continues.
- Seek legal help: especially for termination, reprisals, or discrimination.
How Achkar Law Can Help
An employment lawyer can help you understand your rights and protect yourself if they’re violated. At Achkar Law, we assist employees across B.C. with:
- Reviewing employment contracts and workplace practices
- Filing complaints with the Employment Standards Branch
- Negotiating settlements for unpaid wages or wrongful dismissal
- Representing employees in legal disputes and hearings
In Summary
Your employer cannot:
- Deduct wages without consent
- Pay less than the minimum wage
- Deny minimum daily pay or overtime
- Keep your tips
- Refuse statutory holiday pay
- Block job-protected leaves
- Deny meal breaks
- Retaliate against you for asserting your rights
- Fire you without notice or just cause
The Employment Standards Act guarantees these rights, and courts can award even greater protections under common law.
Contact Achkar Law
If you believe your rights are being violated, don’t wait. Document what’s happening, learn your legal protections, and reach out for help.
Achkar Law is here to guide you every step of the way.
Call toll-free: 1-800-771-7882 | Email: [email protected]
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©