Starting September 1, 2014 the NB Employment Standards Act has implemented administrative penalties to act as a means of enforcement and to ensure compliance with the province’s employment standards. Employment standards are the minimum employment rights set out by the province to ensure fairness in the workplace for all workers.
The new administrative penalties are set in place to be a deterrent for non-compliance to these standards. Although most employers do not intentionally neglect the Employment Standards, failure to meet all standards could now come at a cost to your pocket book.
The standards subject to penalties are:
- failure to pay minimum wage;
- failure to pay overtime wage;
- failure to pay vacation pay;
- failure to keep employment records;
- failure to pay wages within the required timeframe;
- failure to comply with public holiday pay requirements; and
- failure to register with the Registry of Employers of Foreign Workers.
According to the act, a notice of non-compliance per violation, per employee, or per violation, per group of employees, for each of the above-mentioned provisions can be issued.
The employer who receives a non-compliance notice is required to comply within 30 days of the notice or failing to do so may receive an administrative penalty.
A first offence penalty is set at $150 and repeat offenders could see this increase in increments of $150 up to a maximum of $900.
What can you do to ensure compliance?
When in doubt, check the standards. New Brunswick does have its Employment Standards on line or you can call 1-888-452-2687 to talk to an Employment Standards officer.
Better yet, call Business Resources! This is where your CFIB membership can be a golden ticket. Business Counsellors will help you find the correct employment standard that applies in your situation and help you avoid unnecessary fines.