Each province maintains employment standards that dictate the rules employers are to follow for payment of their employees. New Brunswick is no exception. Here are some guidelines to help you meet your New Brunswick employment standards.
Are employees entitled to a rest period each week?
Yes, all employees are entitled to a weekly rest period of at least 24 consecutive hours, if possible on a Sunday. The only exceptions to this are where:
• the employee is required to cope with an emergency; or
• the employee is not usually employed for more than three hours in any one day
How many breaks is an employee entitled to each day and are they paid?
All employees are entitled to food and rest breaks as required under the Occupational Health and Safety Act which is administered through WorksafeNB.
The general rule is an employee must be given a thirty minute food or rest break if their shift is longer than five consecutive hours. These breaks are unpaid if the employee has the ability to leave their place of work for the duration of the break. When an employee is required to be "on call" or "standby" during their break, breaks should be paid.
When do I have to pay overtime and how is it calculated?
Employers must pay their employees at least one and one-half times the minimum wage for each hour they work in excess of 44 hours during a work week.
Can an employee bank overtime?
Banking of hours is not permitted.
How many hours are needed to be considered full time?
In New Brunswick there is no distinction between full time, part time or casual employees. All employees receive the same benefits regardless of the hours they work unless otherwise specified in the Act.
Are there a minimum number of hours of work for which I must pay an employee?
Yes, the employer must pay the eligible employee the greater of:
• three hours pay at the minimum wage or the minimum overtime rate for those hours, or
• the hours worked by the employee at their regular wage rate.
In order for an employee to be eligible to receive pay for a minimum number of hours, the employee must:
• have reported for work as scheduled or requested by the employer;
• have a regular wage rate of less than twice the minimum wage rate; and
• be regularly employed for more than three consecutive hours in a shift
Do I have to pay employees for meetings and training hours?
Yes, training hours are considered regular hours of work and employees must be paid when training is part of a job requirement and the training hours are controlled by the employer. Furthermore, employees must be paid for time at meetings when attendance is a requirement of the job. (e.g. staff meetings after hours, etc.).