BC Minimum Daily Pay & Show-Up Pay: The 2-Hour Rule
Nobody likes the feeling of showing up to work only to be told they are not needed. For employees, this can mean wasted time and money. For employers, it can create confusion about what they are legally required to pay. In British Columbia, the Employment Standards Act (ESA) sets out clear rules about minimum daily pay, commonly called the 2-hour rule.
This article explains how the rule works, outlines exceptions, and highlights common scheduling pitfalls that employers and employees should be aware of.
What Is the 2-Hour Rule in BC?
Under section 34 of the Employment Standards Act, if an employee shows up to work as scheduled, they are entitled to a minimum of 2 hours’ pay, even if they are sent home early.
If the scheduled shift is longer than 8 hours, the employee is entitled to at least 4 hours’ pay.
This rule exists to protect workers from lost income when employers cancel or cut shifts after they have already reported for work.
Key Exceptions
The 2-hour rule does not apply in every situation.
Some important exceptions include:
- Unfit for Work: If an employee arrives impaired or otherwise unfit to perform their duties, the employer may not have to provide the minimum pay.
- Act of God or Circumstances Beyond Control: If operations shut down due to events like a power outage, fire, or extreme weather, the minimum pay requirement may not apply.
- Voluntary Early Leave: If the employee requests to go home early, the employer is not required to pay the 2-hour minimum.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“B.C.’s two-hour rule can easily create confusion for both employers and employees. Taking the time to understand your rights and obligations with proper legal guidance helps ensure fairness, compliance, and peace of mind for everyone involved.”
Practical Example
Imagine a retail worker is scheduled for a 6-hour shift. They arrive on time, but business is slow, and the manager decides to close early after just 1 hour.
- The employee must still be paid for 2 hours of work at their regular wage.
- If the scheduled shift had been 9 hours, the employee would be entitled to 4 hours of pay instead.
This ensures workers are compensated fairly for their time and availability.
Common Scheduling Pitfalls
For employers, failing to follow the 2-hour rule can lead to complaints filed with the Employment Standards Branch.
Some frequent mistakes include:
- Cutting shifts without checking the ESA requirements.
- Assuming the rule does not apply to probationary or part-time employees.
- Forgetting that “on-call” employees may also qualify if they are required to physically report to work.
Employers can reduce risks by reviewing schedules carefully, especially during slow business periods. Employees should know their rights and raise concerns if they are consistently sent home early without proper pay.
Related Note: Probation and Pay in BC
The concept of probation also plays an important role in employment law. Under the Employment Standards Act, the first three months of employment are often treated as a probationary period. During this time:
- Employers can terminate employment without statutory notice or severance pay, provided the decision is not discriminatory or made in bad faith.
- Employers must still comply with just cause requirements if they dismiss an employee for misconduct or poor performance.
- Courts may impose common law notice if the termination is unfair or if the employer failed to provide a genuine opportunity for evaluation.
- Probationary employees are fully protected by the 2-hour minimum daily pay rule.
For example, if a probationary employee reports for a 5-hour scheduled shift but is sent home after only 1 hour, the employer must still pay them for at least 2 hours of work.
How a Lawyer Can Help
Understanding the 2-hour rule, probation rules, and other ESA protections can be confusing. Both employers and employees can benefit from legal advice:
- Employees: A lawyer can explain your rights, help you file a complaint with the Employment Standards Branch, and advise you if you may also have claims under common law.
- Employers: A lawyer can review scheduling practices, employment agreements, and termination policies to ensure compliance and avoid costly disputes.
Having professional guidance can prevent misunderstandings and protect both sides of the employment relationship.
In Summary
The 2-hour rule in BC ensures that employees who report for work are paid fairly, even if their shifts are cut short. While there are exceptions, most employees, including those on probation, are entitled to minimum daily pay.
For employees, knowing your rights can protect your income. For employers, following the ESA avoids disputes and fosters trust with staff.
Contact Achkar Law
If you’re unsure whether your scheduling or pay practices comply with BC’s Employment Standards Act or if you believe your rights under the 2-hour rule have been violated, our employment lawyers can help.
Contact Achkar Law today to get clear, practical advice on your legal options.
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. ©