Is this fair? Are they allowed?

[Jfswift]

That sounds illegal, I'd do some research and then report him. I agree with what someone else said, don't tip him off that you're going to do this, just do it.

 

[Not G. Ivingname]

Wait, does your boss have superiors above him? I.E. is he just the manager of the place? If so, why not report him to them? Thought that labour board sounds like a good idea as well.

 

[Lullabye]

Okay so I've been working at a pizza place as a Pizza Delivery Boy for more then 4 weeks now (I think this may be my fifth week) and I'm still getting paid 7.50 (Canadian Dollars) an hour (the minimum wage here (in Nova Scotia) is just a bit above 9 dollars) now I asked my boss at the end of my last shift why I'm not getting paid exactly minimum wage and he said it's because "I'm not up to speed yet" well what the hell does that mean? I'm a driver, all I gotta do is look at the map, find out where the street is, and I'm on my way!! So my question to you Escapists is, can they do that, do I need to get in touch with the Labor Board?

I also don't get much of my debit tips either, they either take 15% of every debit tip or I have to pay 15%, so basically, I got a 10 dollar debit tip one time and saw nothing of it, instead I had to pay $1.50 at the end of my shift because of it, also we're (the place I work, I don't know if it's all locations or just the one I work at) the only Pizza Place that doesn't give the whole debit tip to their drivers

Man, Canada's current economy s currently going through a bit of a slump. We're even feeling it here in Alberta. I can't imagine how bad it is down there, but everyone is having a bit of trouble. I would say talk it out with your boss. See what's going on first, and if you think he's being a dick then yes go right ahead and call out the union. If you really need the money, try getting another job. Like work on a fishing boat or something.

 

[drisky]

Could you explain this one to me? What's leeway in tips mean? (you have to understand this is my first job where I get tips)

Don't quote me on this for Canadian law, but in the US, companies are permitted to pay you an amount less than minimum wage so long as you are receiving enough tips to make up the difference, which generally means that you have to report any and all tips you actually receive while on the job.

I read about the difference but I don't know what the "difference" means, yeah i know, im stupid, also I never report tips I make, and also the tips I get are crap, the most tips i get (in cash) would be 5 dollars (like when I get a tip, I'm lucky if the customer gives me 5 dollars)

9.20-7.50=1.70, so if you make more than 1.70 in tips every hour than you should be good unless canada is different, which I doubt because your company would have gotten in trouble a while ago. They can give you minimum if you don't make that.

 

[Julianking93]

I'm pretty sure that's illegal.

You have to pay whatever is minimum wage or your ass is getting thrown in jail.

Or just fined.

 

[Composer]

test out phase? mabye there seeing if ull last. pizza delivery is *ahem* serious buisness.

 

[Quiet Stranger]

Yes you should defiantly be going to the labour board. It's called "minimum wage" for a reason, as in it's the bare minimum an employer has to pay his employees regardless of the job. If you're getting paid less than that then it's a violation of labour laws and you should report it. You'll probably want to have a pay stub or two on hand as evidence.

I don't get pay stubs, it's kind of under the table I guess you would say

That could be a problem. On the other hand it's all the more reason to report this.

How could it be a problem?? (I get paid every night that I work, but still no pay stubs)

 

[ultrachicken]

My people would call that "bullshit."
Report him.

 

[Call Me Arizona]

They can't do that, minimum wage is in the law and they can't not pay you it, discuss it with your boss one more time and if he doesn't give you your fair wage, report the jerk without a second thought.

 

[Wintermoot]

its illigeal contact the board he cant do this

 

[Quiet Stranger]

Wait, does your boss have superiors above him? I.E. is he just the manager of the place? If so, why not report him to them? Thought that labour board sounds like a good idea as well.

Well the manager does this but the bosses know it (they also work there) and I'm sure they don't care (one of the owner bosses is the one who takes 15% or as I like to say, all of our debit tips)

 

[nick_knack]

Training wage. It sucks.

 

[Angelcraft]

You could sue for disrimination.

 

[bleh002]

Wait, does your boss have superiors above him? I.E. is he just the manager of the place? If so, why not report him to them? Thought that labour board sounds like a good idea as well.

Well the manager does this but the bosses know it (they also work there) and I'm sure they don't care (one of the owner bosses is the one who takes 15% or as I like to say, all of our debit tips)

So the manager is paying you under the table?

Did you sign an employment agreement?
Did you fill out your tax forms (federal and provincial) where you claim your tax credits?
Do they deduct income tax, CPP and EI?

If you answered yes to none of those than there is a bit more of an issue than you not being paid the appropriate wage.

If you answered yes to the last one, than that's even more significant, as it's unlikely they are actually remitting those amounts to the government and they are screwing you over pretty hard.

 

[Quiet Stranger]

Wait, does your boss have superiors above him? I.E. is he just the manager of the place? If so, why not report him to them? Thought that labour board sounds like a good idea as well.

Well the manager does this but the bosses know it (they also work there) and I'm sure they don't care (one of the owner bosses is the one who takes 15% or as I like to say, all of our debit tips)

So the manager is paying you under the table?

Did you sign an employment agreement?
Did you fill out your tax forms (federal and provincial) where you claim your tax credits?
Do they deduct income tax, CPP and EI?

If you answered yes to none of those than there is a bit more of an issue than you not being paid the appropriate wage.

If you answered yes to the last one, than that's even more significant, as it's unlikely they are actually remitting those amounts to the government and they are screwing you over pretty hard.

Uuuuumm when you said answer yes to none of those I suppose you mean I answered no (cause none of those apply to me) I didn't sign anything actually, (i don't remember signing anything) but I did give them my name, my birth date, and my SIN number and I don't remember filling out tax forms

 

[Quiet Stranger]

You could sue for disrimination.

discrimination of what exactly?

 

[bleh002]

So the manager is paying you under the table?

Did you sign an employment agreement?
Did you fill out your tax forms (federal and provincial) where you claim your tax credits?
Do they deduct income tax, CPP and EI?

If you answered yes to none of those than there is a bit more of an issue than you not being paid the appropriate wage.

If you answered yes to the last one, than that's even more significant, as it's unlikely they are actually remitting those amounts to the government and they are screwing you over pretty hard.

Uuuuumm when you said answer yes to none of those I suppose you mean I answered no (cause none of those apply to me) I didn't sign anything actually, (i don't remember signing anything) but I did give them my name, my birth date, and my SIN number and I don't remember filling out tax forms

Yeah, if you answered no to all of those. Sorry, I'm a little tired so I'm wording things in the most difficult way. Question - so your pay at the end of each night is your hours * wage that they said they were going to pay you right?

It really sounds fishy to me that they didn't have you fill out any tax forms and just took your info, as well as refer to paying you under the table. It smells like fraud. Which means that they will eventually get found out and that would lead to criminal charges, violations of the employment acts and a bunch more things. I'm sorry for drifting away from the original topic, I just always get carried away with fraud (hazard of my job)

You might want to check out these links
http://www.gov.ns.ca/lwd/employmentrights/faqs.asp
http://www.gov.ns.ca/lwd/employmentrights/docs/LabourStandardsCodeGuide.pdf

 

[asinann]

5151 Terminal Road, 7th Floor
PO Box 697
Halifax, Nova Scotia
B3J 2T8
Phone: (902) 424-6730
Fax: (902) 424-1744

Minimum wage is $9.20 in Nova Scotia, last I checked. As far as I know, it is also illegal to not pay someone minimum wage. Any employee may not make less than $8.70 an horu in the case of deductions because of business costs (such as your employer charging you for the uniform they buy you) and inexperienced workers may be paid no less than the same amount while training. Because you do not sell products on route, but are simply delivering the product, you are not under a specialised group of workers that are exceptions to the minimum wage pay, and thus are being treated unfairly.

I would first suggest talking to your boss and ask him that you do not wish to involve the labour board with this dispute. Usually that'll straighten anyone out. BUT if it does come down to it, or you're unsure of your claim, call the labour board. They're a nice group of people and they will help you as this is serious business. Inform them of what's going on and they'll tell you if you should take further action. You CANNOT get fired because of any investigation done by the labour board and they will force your employer to reinstate your employment status if he does attempt to do so. You are in the right, here, as far as I can see, but please take the proper steps to ensure you don't make an ass of yourself.

Just as a small background peice, I live in New Brunswick and had a problem with a past employer myself. I'm well aware of labour laws around these parts and if the department over in N.S. is as good and friendly as the one here in Mocnton, you'll do just fine as long as you're polite and follow proper procedure. =D

wELL THIS SOLVES EVERYTHING, THANK YOU SO MUCH, (caps lock sorry) I'm so glad a fellow Canadian came and helped me (the other people were helpful but not very)

Hey, maritimers gotta stick together. Lord knows Ontario isn't looking out for us. Glad I could help, either way. Again, just make sure you're certain you've got a case before going all crazy on your boss.

So to find out if I have a case I just call the labor board and ask them?

Don't talk to your boss, he will fire you. Bosses that pay minimum wage can always find another monkey, and once you file the complaint you are protected (at least I hope) by whistle-blower laws that prohibit him from firing you without cause.

 

[Quiet Stranger]

So the manager is paying you under the table?

Did you sign an employment agreement?
Did you fill out your tax forms (federal and provincial) where you claim your tax credits?
Do they deduct income tax, CPP and EI?

If you answered yes to none of those than there is a bit more of an issue than you not being paid the appropriate wage.

If you answered yes to the last one, than that's even more significant, as it's unlikely they are actually remitting those amounts to the government and they are screwing you over pretty hard.

Uuuuumm when you said answer yes to none of those I suppose you mean I answered no (cause none of those apply to me) I didn't sign anything actually, (i don't remember signing anything) but I did give them my name, my birth date, and my SIN number and I don't remember filling out tax forms

Yeah, if you answered no to all of those. Sorry, I'm a little tired so I'm wording things in the most difficult way. Question - so your pay at the end of each night is your hours * wage that they said they were going to pay you right?

It really sounds fishy to me that they didn't have you fill out any tax forms and just took your info, as well as refer to paying you under the table. It smells like fraud. Which means that they will eventually get found out and that would lead to criminal charges, violations of the employment acts and a bunch more things. I'm sorry for drifting away from the original topic, I just always get carried away with fraud (hazard of my job)

You might want to check out these links
http://www.gov.ns.ca/lwd/employmentrights/faqs.asp
http://www.gov.ns.ca/lwd/employmentrights/docs/LabourStandardsCodeGuide.pdf

I am also tired, gonna go to bed after this, basically what it is at the end of every shift (of mine) they add up all the totals on the debit receipts (if there are any) write the number down, then they add up all the yellow slips (you know the white slips of paper that are attached to your pizza boxes? well Drivers get the yellow ones) and then subtract the total number of all debit receipts from yellow slips, and then they subtract my pay (lets say yesterdays shift, which was 7.50 times 3 (three hours of work) from that and what comes out is what I may or may not owe them (so sometimes they pay me, or sometimes I pay them) its confusing I know, Im very tired

 

[crudus]

So my question to you Escapists is, can they do that, do I need to get in touch with the Labor Board?

Note: I know nothing of Canadian laws, no matter the Province.

In America people can be paid less than minimum wage iff (if and only if) their tips raise their hourly earnings above minimum wage. I even think minimum wage is different for waiters and such. Anyway, so if a place doesn't get any business the restaurant has to pay it's waiters minimum wage for that time. I think this is correct and remember this is American law.