Reporting pay (three-hour rule)

A buyer of a retail or restaurant business meets the term in the pay records for cancelled or cut-short shifts. The label differs: the statutes cited here call the rule the three hour rule in Ontario and minimum daily hours in British Columbia. See employment due diligence.

Ontario

Section 21.2 applies to an employee who regularly works more than three hours a day, is required to present for work and works less than three hours despite being available to work longer. The employer pays wages for three hours, equal to the greater of two calculations in the section. It does not apply where fire, lightning, power failure, storms or similar causes beyond the employer’s control stop work. The Ministry’s guide also lists employees it does not cover, such as those whose regular shift is three hours or less.

British Columbia

Section 34 of the Employment Standards Act says that if, as required by an employer, an employee reports for work on any day, the employer must pay a minimum number of hours at the regular wage whether or not the employee starts work, unless the employee is unfit to work or fails to comply with Part 2 of the Workers Compensation Act or a regulation under it. A longer minimum applies where the employer had scheduled a long shift that day, subject to the same exception, but the shorter minimum applies if the work is suspended for reasons completely beyond the employer’s control, including unsuitable weather conditions. Under ss.72 and 73, an employer and any of its employees may join in a written application to the director for a variance of section 34, which the director may grant if the conditions in s.73 are met.

• Ask how often shifts were cancelled or cut short on arrival.
• Ask how the seller calculated pay for those shifts.

See also excess hours agreement. This entry covers Ontario and British Columbia only; check the rules where you are.